LAWS 


TASSED     IN     THE 


TERRITORY 


OF     THS 


UNITED       STATES 


NORTH-VTEST 


OF    THE 


RIVER       OHIO, 


FROM     THE 


COMMENCEMENT    OF     THE   GOVERNMENT 


TO    THE 


3lft.  OF  DECEMBER, 


PUIL^D  ELPHIA 
BY  ?KAKCIS  CKitPS  AND  JOHN 


x 


A  COPY  of  Laws  paffed  in  the  Terri 
tory  of  the  United  States  North-Weft  of  the 
River  Ohio,  from  July  to  December,  1792, 
inclufive. 

WINTHROP  SARGENT. 


7be  PRESIDENT  if  iht  United  States. 


COPIES  of  the  Laws  which  have  been  adopted 
and  publifhcd  in  the  Territory  of  the  United 
States  north-weft  of  the  River  Ohio,  from 
the  commencement  of  Government  to  the 
day  of  December,  inciufive — made  out 
om  the  original  Records  in  the  Secretary's 
Office,  and  to  be  tranfmitted  to  the  Secreta 
ry  of  Congrefs,  agreeably  to  the  Ordinance 
of  the  thirteenth  of  July,  one  thoufand  fevea 
hundred  and  eighty-feven. 


CHAPTER    L 


A  LA  W  for  regulating  and  eftabtifl  ing  the  Mu  ITIA  m 
the  Territory  of-  the  United  States  north-weft  of  the  river 
Ohio,  pubtijhtaat  the  city  of  Marietta  upon  the  twenty  fifth 
day  of  July,  in  the  thirteenth  year  oj-  the  Inde  ben  dense  of 
the  United  States,  and  of  our  Lsrrd  one  thoufana  jtven  hun» 
dred  and  eighty  eighf,  by  his  Excellency  Arthur  St.  Clair, 
Efquire,,  Govcrnour  and  Commander  in  Chief  ^  and  by  tJie 
Honourable  Samuel  Holden  Paribns  and  James  Mitt 
chell  Varnam,  Effiarcst  Judges. 

LL  male  inhabitants  between  the  ae  of  AH  male  in. 


A 


fixteen  and  fifty,  (hall  be  liable  to  and 
perform  military  duty,'  and  be  formed  into 
corps  in  the  following  manner. 

Sixty  four  rank  and  file  mall  form  a  com-  toow  .to  ** 
pany.  Eight  companies  mall  form  a  battalion.  orgamz<x*  * 
Two  battalions  fhall  form  a  regiment. 

There  fhall  be  appointed  to  each  company, 
one  captain,  one  lieutenant,  one  enfign,  four 
ferjeants,  four  .corporals,  one  drummer  and  one 
fifer.  To  a  battalion  there  fhall  be  appointed,^ 
one  lieutenant  colonel,  one  major,  and  one 
adjutant.  To  a  regiment  one  colonel. 

The  corps  fhall  be  divided  into  fenior  and  to  fee  claff. 
junior  clafles.  cd| 

And  whereas  in  thp  infant  ftate  of  a  country, 
defence  and  protection  arcabfolutely  efTcntial, 
B 

285001 


C         4          ) 

all  male  inhabitants  of  the  age  of  fixteen  and 
upwards,  fhall  be  armed,  equipped  and  accou 
tred  in  the  following  manner  j 

how  to  tw»      With  a   mufket  and  bayonet,  or  rifle,  car- 

otred'    tridge  box  and  pouch,  or  powder  horn  andbul- 

kt  pouch,    wi*h  forty  rounds  of  cartridges,  or 

one  pound  of  powder  and  four  pounds  of  lead, 

priming  \vire  and  brufh  and  fix  flints. 

and  when  ^nd.  whereas  for  fecunng  the  principles  of 
;  defence  and  protection,  it  is  neceffary  to  beaf- 
fembled  upon  certain  times,  and  at  certain  pla 
ces,  for  examining  and  infnecting  the  arms  and 
accoutrements,  and  for  disciplining  the  men  in 
a  foldierly  manner :  And  whereas  the  afTem- 
bling  of  the  members  or'  community  at  fixed 
periods,  conduces  to  health,  civilization,  and 
morality  ;  and  fuch  afTembling  without  arms 
In  a  nearly  fettled  country,  may  be  attended  with 
danger  ;  Therefore  the  corps  fhall  be  paraded 
at  ten  o'clock  in  the  morning  of  each  firft  day 
of  the  week,  armed,  equipped,  and  accoutred 
as  aforefaid,  in  convenient  places  next  adjacent 
to  the  place  or  places  already  affigned,  or  to 
be  affigned  for  public  worfhip  :  a!  other  times 
and  places,  the  corps  fhall  be  paraded  for  muf- 
ter,  exercife,  and  review  as  the  commander  in 
chief  may  direct.  And  whereas  in  the  prefent 
ftate  of  the  territory  it  is  neceffary  that  guards 
be  eltabliflied  ;  the  commander  in  chief,  and 
the  commanding  officers  of  counties,  and  of 
fmaller  diftricts  fhall  make  fuch  detachments 
for  guards  and  ether  military  duty  as  the  pub 
lic  exigencies  may  in  his,  or  their  opinion  re* 
quire. 

Thofe  who  have  born  commiflions,  civil  or 
military,  in  the  fervice  of  the  United  States, 
or  either  of  them,  and  who  have  been  honor 
ably  difcharged  therefrom,  and  all  fuch  as  have 


(        5        ) 

been  graduated  in  colleges  or  univerfities,  fhall  how  to.  bo 
compofe  the  fenior  clafs.     Males  above  the  age  cjafl*d  • 
of  fifty  fhall  be  liable  to  military  duty  iii  cafes 
of  actual  invafion  only,   and  then  at  the  direc 
tion,  of  the  commander  in  chief.     Officers  of  exemptions, 
civil   government  appointed  by  Congrefs  or 
commiflioned  by  the  Governour  are  exempted 
from  the  duties  aforefaid. 

If  any  male  inhabitant  mall  neglect  or  refufe  ,,.    f 

Y.        r          i      •  ii  r  Fine  'or  ne' 

to  appear  at  the  fixed  times  and  places  of  pa-  gie&ing  the 
rade  by  this  law  eftablifhed,  he  fhall  be  fined 
in  the  fum  of  twenty  five  cents,  unlefs  he  mall 
render  an  excufe  to  the  fatisfaction  of  the  com 
manding  officer  of  his  corps.  If  any  male  as 
aforefaid  fhall  neglect  or  refufe  to  appear  at  fuch 
time  and  place  as  the  commander  in  chief  mall 
fpecially  direct,  for  mufler,  review,  and  exer- 
cife,  he  fhall  be  fined  in  the  fum  of  fifty  cents, 
unlefs  excufed  as  aforefaid. 

If  any  male  as  aforefaid  fhall  neglect  or  re 
fufe  to  appear  upon  the  order  of  the  comman 
der  in  chief,  or  other  officers  as  aforefaid,  for 
guards  or  other  ordinary  .military  duty,or  refufe 
to  perform  the  fame,  he  fhall  be  fined  in  the  fum 
of  one  hundred  cents — which  offences  fhall  be  pines  how- 
heard  and  determined  by  the  officers  of  the  to.bcdetw>* 
company  to  which  the  offender  may  belong, 
and  upon  conviction,  a  warrant  of  diitrefs  fhall 
iflue  from  the  commander  of  fuch  company,  di 
rected  to  either  of  the  ferjeants  of  the  fame, 
requiring  him  to  collect  the  fines  aforefaid,  and 
pay  the  fame  into  the  treafury  of  the  town,  ci 
ty  or  county  wherein  the  conviction  fhall  have 
taken  place,  withhi  twenty  days  next  after  iflu- 
ing  fuch  warrant.  For  the  fecond,  and  all  fuc- 
ceeding  offences  in  the  cafes  before  mentioned, 
the  perfons  charged  with  having  committed  the 
fame,  fhall  be  heard,  tried  and  fentenced  by 
courts-martial* 


On  negieA  If  any  male  inhabitant  as  aforefaid,  fliall  ne- 
of  duty  in  gleet  or  refufe  to  appear  and  perform  his  duty 

cafe  of  in    &  i  r    i  i         •          i  •    X 

Tafion,  &c.  under  the  orders  or  the  commander  in  chief, 
againfl  an  enemy  invading  the  territory,  or  mail 
refufe,  difobey  or  neglecl:  the  orders  given  by 
hi&  officers,  or  any  of  them,  in  time  of  action, 
he  mail  be  deemed  guilty  of  cowardice  and  de- 
fertion,  and  be  heard,  tried,  and  Sentenced  by 
a  court-martial. 

Dutyofoffi-  All  officers  mail  be  attentive  to  the  forming, 
**"»  difciplining,  parading,  and  commanding  their 
refpedlive  corps,  and  to.  fuch  other  duties  as 
mall  refpectively  bind  them  by  this  law,  and 
by  the  orders  from  time  to  time  to  be  given  by 
the  commander  in  chief. 

how  to  be  If  any  officer  mall  be  guilty  of  a  breach  of 
tried  on  ne-  this  law,  or  in  any  refpeft  violate,  or  neglecl: 
S  :-  his  duty,  he  mail  be  heard,  tried,  and  fentenced 

by  a  court-martial. 
Court-mar-      A  court-martial  mail  confifl  of  not  more  than 

tn^rteen  members,  nor  lefs  than  five,  whereof 

one  at  leaft  fhall  have  rank  fuperior  to  that  of 

a  captain. 

by  whom  A  court -martial  mail  be  appointed  by  the 
appointed*  commander  in  chief,  or  the  commanding  offi- 

fentences  r  •  11-  11 

approved.  cers  °*  a  regiment  or  battalion  ;  but  the  com 
mander  in  chief  only  fhall  hare  the  power  of 
approving  and  carrying  into  effeft  fentences  of 
courts-martial,  whereby  the  punifhment  fhall 
be  capital,  or  an  officer  cafhiered. 

AR.  ST.  CLAIR. 
SAML.,  H.  PARSONS. 
F.  M.  VARNUM. 


(        7        J 
CHAPTER    H. 

JL  LAW  for  cjlablijhing General  Courts  of  Quarter  Sef- 
JLons  of  the  Peace  (and  therein  of  the  powers  of  fingle 
7uftir.es  J,  and  for  eftablijhing  County  Courts  of  Common 
Pkas>  (and  therein  of  the  power  of  finale  Judges  to  hear 
and  determine  upon  fmall  debts  and  contracts},  and  aljo 
a  Law  for  eftablifhing  the  OJjice  of  Sheriff,  and  for  th* 
appointment  of  Sheriffs.  ^  Publifhed  at  the  city  of  Mari 
etta,  in  the  county  of  Wajhington  and  Territory  of  the 
United  States  north-weft  of  the  river  Ohio,  by  his  Excel 
lency  Arthur  St.  Clair,  Efquire,  Governour  and  Com 
mander  irijChief,  and  Samuel  HoldenParfons  and  James 
Mitchell  Varnum,  Efquires,  Judges,  upon  the  twenty 
third  day  of  Auguft,  in  the  thirteenth  year  of  the  Inde 
pendence  of  the  United  States,  and  in  the  year  of  our  Lord 
one  thoufandfeven  hundred  and  eighty  eight. 

THERE  fhall  be  a  court  in   each  county  county 
flyled  the  General  Quarter  Seffioris  of  the  courts    tf 
Peace,  holden  and  kept  Tour  times  in  every  feLns, 
year  in  each  county. 

That  for  the  county  of  Washington  (hall  be  where  and 
holden  and  kept  at  the  city  of  Marietta,  upon  wheo  to  be 
the  fecond  Tuefdays  of  March,  June,  Septem- holden 
ber,  and  December.     And  there  (hall  be  a 
competent  number  of  juftices  of  the  peace  in 
every  of  the  counties,  appointed  and  comimT- 
fioned  by  the  governour  under  the  feal  of  the 
territory,  which  juftices,  or  any  three  of  them, 
one  at  leaft  being  of  the  quorum,  fhall  and 
may  hold  the  general  feffions  of  the  peace  ac 
cording  to  law. 

Not  lefs  than  three,  nor  more  than  five  of  Number  of 
the  faid  juftices,  in  each  county,  fhall  be  fpe-  juftice*  to 
cially  named  in  a  general  commiffion  for  hold- 
ing  the  faid  courts  of  quarter  feffions  of  the 
peace. 

The  juftices,  or  any  three  of  them,  one  be-  Spcciai 
ing  of  the  quorum  as  aforefaid,  may  hold  fpe- 
cial  feffions  when,  and  as  often  as  occafion  may 
require. 

And  theTaid  juftices;  and  each  and  every 
"iiem,  fhall  have  power  and  authority  in  and 


(        8        ) 

rower  oi  out  of  feflions,  to  take  all  manner  of  recogm- 
ihe  juftkcs.  Zances,  with  or  without  furety,  for  good  be 
haviour,  to  keep  the  peace,  or  for  appearance 
at  a  fuperior  judicatory,  whether  to  the  quar 
ter  feflions,  if  out  of  the  time  of  feflions,  or 
to  the  general  court  of  the  territory,  as  the 
cafe  may  be,  to  anfwer  to  charges  exhibited, 
or  crimes  committed  in.  the  view  of  fuch  juf- 
tices,  or  any  of  them,  and  whereof  they  have 
not  competent  power  to  hear  and  -determine. 
And  in  cafe  any  perfon  or  perfons  fhall  fefufe 
to  enter  into  recognifance  as  aforefaid,  and  to 
find  furety  when  thereunto  required,  it  mall 
and  may  be  lawful  for  fuch  juftice  or  juftices, 
in  or  out  of  feflions  as  aforefaid,  to  commit  the 
perfon  or  perfons  fo  refuling  to  gaol,  there  to 
remain  until  he  or  they  mail  comply  with  the 
order  of  fuch  juflice  or  juftices. 

All  recognifances  for  the  peace,  good  beha- 
v*our>  or  appearance  at  the  feflions,  which*  fhall 
C<  '  be  taken  by  any  of  the  juftices  out  of  feflions, 
fhall  be  certified  into  their  faid  general  feflions 
of  the  peace,  to  be  holden  next  after  the  taking 
thereof ;  arid  every  recqgnifance  taken  in  or 
out  of  feflions  for  fufpicion  of  any  manner  of 
crime  not  try  able  in  faid  court  of  quarter  fef- 
fions  of  the  peace,  fhall  be  certified  before  the 
general  court  of  the  territory  at  their  next 
fucceeding  term,  or  before  a  court  of  oyer  and 
terminer  and  gaol  delivery  for  the  county, 
to  be  holden  next  after  the  taking  thereof, 
without  concealing,  detaining,  or  embezzling 
proceedings  the  fame.  And  in  cafe  any  perfon  or  petfons 
ftal1  forfe^  his  or  their  recognifances  of  the 
.  peace,  goocl  behaviour,  or  appearance*  the  re 
cognifances  fo  forfeited,  with  the  record  of 
default,  or  caufe  of  forfeiture,  fhall  be  fent  and 
certified  without  delay,  by  the  juftice  or  juftices 
of  the  peace,  into  the  quarter  feflions,  if  taken 


(        9        ) 

out  of  the  feflions  and  returnable  to  the  fame , 

or  into  the  general  court  of  the  territory,  as  on  forfeiture 

the  cafe  may  be,  whether  taken  in  or  out  of  j£n^cognu 

feffions  ;  that  in  either  cafe  procefs  may  ifiue 

according     to   law.      All     which    forfeitures 

mall  be  levied  by  the  proper  officers,  and  paid  Forfeiture* 

to  the   clerks  of  the  refpeftive    courts,  to  be  1° J  *™£d 

paid  by  them  into  the  public  treafuries  ;  that  is 

to  fay,  by  the  clerk  of  the  quarter  feffions,  into 

the  treafury    of  the  county,  and  by  the  clerk 

of  the  general  court  into  the  general  treafury 

of  the  territory. 

One  or  more  juftices  of  the  peace  mall  and  juftices  out 
may,  out  of  feflions,   hear   and  determine  ac-  ef  fcuffion* 

/  *  r        r     i  i  •      may  hear  & 

cording  to  the  courfe  or  the  common  law,  petit  determine 
crimes  and  mifdemeanours,  wherein  the  punifh-  Petit  crime* 
ment  mail  be  by  fine  only,  and  not  exceeding 
three  dollars,  and  to  affefs  and  tax  cofts.    And  thelr  pow. 
in   cafe  any  perfon  or  perfons   mall  refufe  to  er  on  refu. 
obey,  fulfil,  and  perform  the  fentence  or  fen-  [heiTde^ 
tences- given  againft  him  or  them  by  the  juf-  minationg 
tice  or  juflices  herein,  it  mail  and  may  be  law-  herein»  *c- 
ful  for  fuch  juftice  or  juftices  to  commit  the 
delinquent  or  delinquents  to  gaol,  there  to  re- 
main  until   fentence  be  performed.     And  it 
fhall  be  lawful  for  fuch  juftice  or  juftices  when 
ever  the  crime  mail  be  committed  in  his  or 
their  prefence  or  view,  to  fentence  as  aforefaid, 
without  further  examination :  and  which  fines  Fines  tobe> 
{hall  be  by  fuch  juftice  or  juftices  paid  to  the  paid  to  the 
clerk  of  the  court  of  quarter  feffions,  and  by 
him  paid  into  the  county  treafury.     All  war 
rants  iflued  by  a  juftice  or  iuftices  out  of  feffions 

.  .          r  J      i '         ,.  J-  .       iflued      out 

either  for  apprehending,  fecurmg  or  commit-  Of  feffions 
ting  to   gaol,  perfons  fufpedted,  or  convicted  how  to  ^ 
of  crimes  (hall  be  under  the  hand  and  feal  of  attc  e 
fuch  juftice  or  juftices,  and  directed  to  an  of 
ficer  or  officers,  whofe  duty  it'  fhall  be  to  exe- 


C       10       ) 

cute  criminal  procefs  ;  and  fuch  officer  or  of 
ficers  fhall  obey  the  warrant  or  warrants  iffued 
as  aforefaid. 

The  courts  of  general  quarter  feffions  of  the 

Power    of  n     11         i      °        i  i  •  t  r 

the    courts  peace  ihall  and  may  hear,  dctei  mine  and  fen- 
of  quarter  tence,  according  to  the  courfe  of  the  common 
>D8t       law,  all  crimes  and  mifdemeanours,  of  what- 
eyer  nature  or  kind,  committed  within  their 
refpe&ive  counties  the   punifhment   whereof 
doth  not  extend  to  life,,  limb,  imprifonment  for 
more  than  one  year,  or  forfeiture  of  goods  and 
chattels,  or  lands  and  tenements  to  the  govern 
ment  of  the  territory. 

And  that  perfons  indifted  or  outlawed  in 
one  county5whodwelI3remove,or  are  received 
into  another  county  may  be  brought  to  juflice, 
the  faid  courts  of  general  quarter,  feffions  of 
the  peace,  fhall  and  may  dired  their  writs  or 
precepts  under  the  feal  of  the  courts,  and  fign- 
ed  by  the  clerks  refpe&ively,  to  all  or  any  of 
the  fheriffs,  or  other  officers  impowered  by 
law  to  execute  criminal  procefs  in  each  or  any 
of  the  counties  within  the  territory  as  the  cafe 
may  be,  requiring  to  take  and  bring  before  faid 
court,  fuch  perfons  indi&ed  or  outlawed  as 
aforefaid.  And  the  faid  court  of  quarter  fef 
fions  fhall  and  may  iflue  fubpoznas,  and  other 
warrants,  under  the  feal  of  the  court,  and  fign- 
ed  by  the  clerk,  into  any  county  or  place  in 
the  territory,  for  fummoning  or  bringing  any 
perfon  to  give  evidence  in  and  upon  any  mat 
ter  or  caufe,  examinable  or  tryable  before  fuch 
court,  under  fuch  pains  and  penalties  as  fub- 
pcenas  or  warrants  of  that  kind,  are  by  law 
granted  and  awarded.  And  a  juflice  or  juftices 
out  of  feffions,  may  in  like  manner,  and  under 
fjmilar  penalties,  grant  fubpcenas,  and  other 
warrants,  to  any  place  or  places  within  their 
refpeftive  counties. 


County  Courts  of  Common  Pleas. 

A  number  of  fuitable  perfons,  not  exceed 
ing  five,  nor  lefs  than  three  (hall  be  appointed 
in  each  county,  and  commiflioned  by  the  go-  common 
vernor  under  the  feal  of  the  territory,  to  hold  Plca*».  ho* 

r.  r  t  t         rt    i     t        i       conuitutedi 

and  keep  a  court  of  record,  to  be  ityled,  the 
County  Court  of  Common  Pleas :  which  courts  when  hoi. 
fhall  be  holden  at  two  fixed  periods  in  every  dcn • 
year,  and  in  each  county  refpe&ively,  at  the 
places  where  the  general  courts  of  quarter  fef- 
iions  of  the  peace,  fhall  be  kept.     That  for  the 
county  of  Wafhington  mail  be  holden  upon 
the  third  Tuefdays  of  March,  and  firft  Tuef- 
days  of  September. 

The  judges  fo  appointed  and  commiflioned,  the  power. 
or  a  majority  of  them  fhall  hold  pleas  of  aflizes, 
fcire  facias,  replevins,  and  hear  and  determine 
all  manner  of  pleas,  actions,  fuits,  and  caufes 
of  a  civil  nature,  real,  perfonal  and  mixed,  ac 
cording  to  the  constitution  and  laws  of  the 
territory. 

The  faid  court  fhall  and  are  hereby  empow 
ered  to  grant  under  their  feal,  and  figned  by 
their  clerk,  replevins,  writs  of  partition,  writs 
of  view,  and  all  other  writs  and  procefs  upon 
pleas  and  actions  cognizable  therein,  as  the 
cafe  may  require. 

The  court  fhall  and  may  ifiue  fubpcenas  un 
der  their  feal,  and  figned  by  their  clerk  for 
the  fame  purpofes,  in  the  manner,  and  under 
limilar  penalties,  as  the  courts  of  general  quar 
ter  feffions  of  the  peace  are  empowered  to  iflue 
the  fame.  And  for  the  more  fpeedy  recovery 
of  fmall  debts  and  demands  contracted  within 
the  territory ;  it  fhall  and  may  be  lawful  for 
one  or  more  of  the  judges  of  the  court  of  com 
mon  pleas,  in  their  refpeftive  counties,  to  hear 
and  determine,  all  debts  and  demands,  contrac- 
C 


C         12         ) 

Power  of  ted  as  aforefaid,  whether  upon  bond,  bill,  note, 
the  county  book  account,  or  affumpfit  in  fad  or  law, 
wherein  the  fum  demanded  {hall  not  exceed 
five  dollars.  And  fuch  judge  or  judges  ihall 
iffue  execution  under  his  or  their  hands  and 
feals  directed  to  the  fheriff,  or  other  proper  of 
ficer,  for  executing  the  judgment  fo  given,' 
returnable  in  thirty  days  from  the  teft  thereof. 

Sheriffs. 

sheriffs   in      There  mall  be  appointed  and  commiffioned 

each  county  by  the  governour,  in  each  county  of  the  terri- 

•odgive      tory>  a  Sheriff,  who  mail  take  the  oaths  of  alle- 

bond ,        giance  to  the  United  States,  and  of  office,  and 

mall  give  bond  with  two  fufficient  fureties,  in 

the   penal  fum  of  four  ^houfand   dollars,  for 

the  faithful  difcharge  of  the  duties  of  his  office. 

.  dutieg  The  duties  of  each  fheriff  mail  be,  to  keep 
'  the  peace,  by  caufing  all  offenders  againft  law, 
in  his  view,  to  enter  into  recognifances,  with 
fureties,  for  keeping  the  peace  and  appearing 
at  the  next  general  quarter  feffions  in  the  fame 
county,  and  to  commit  in  cafe  of  refufal ;  and 
which  recognifances  ihall  by  the  faid  .  fheriff 
be  returned,  and  certified  before  the  faid  quar 
ter  feffions  It  fhall  alfo  be  his  duty  to  quell 
and  fupprefs  all  affrays,  routs,  riots,  and  infur- 
re&ions ;  and  for  which  end  he  mail,  and  is 
hereby  empowered,  to  call  to  his  aid  the  power 
of  the  county.  He  fhall  purfue,  apprehend 
and  commit  to  gaol,  all  felons  and  traitors ; 
he  fhall  execute  all  warrants,  writs  and  other 
procefs,  which  by  law  fhall  appertain  to  the 
duties  of  his  office,  and  which  mail  be  directed 
to  him  by  legal  authority.  He  fhall  duly  at 
tend  upon  all  courts  of  record,  at  their  refpec- 
.tive  terms  or  feffions,  in  his  county. 

AR.  ST.  CLAIR, 
SAML.  H.  PARSONS, 
JAMES  M.  VARNUM. 


C      13      ) 
CHAPTER    HI. 

A  L  A  W  iftabtifaing  a  Court  of  Probate,  publijhed  in,  the 
Territory  of  the  United'States  north- weft  of  the  river  Ohio^ 
by  his  Excellency  Arthur  St.  Clair,  Efquire,  Governour, 
and  the  Honourable  Samuel  HoldeaParlons,  James  Mit 
chell  Varnum,  and  John  Cleves  Symmes,  Efquires, 
Judges,  at  the  city  of  Marietta,,  the  thirtieth  day  of  Au- 
guft,  in  the  thirteenth  year  of  the  Independence  of  the  Uni 
ted  -States,  Anno  Dbmini  one  thoufandfiven  hundred  and 
eighty  eight. 

THERE  fhall  be  appointed  one  judge  of  judges  of 
probate  in  each  county,  whofe  duty   it  Pr°Jate  'm 

n.    11  i_  i         i  r     r  /  n  in       «ach  county 

inall  be  to  take  the  proof  or  lalt  wills  and  telta-  their  duty  j 
ments  and  to  grant  letters  teftamentary  and 
letters  of  adminiftration  and  to  do  and  perform 
every  matter  and  thing  that  doth,  or  by  law 
may  appertain  to  the  probate  office,  excepting 
the  rendering  definitive  fentence  and  final  de» 
crees. 

The  judge  (hall  hold  four  feflions  in  each  and  to  hold  four 
every  year,  and  may  adjourn  from  time  to  time,  ^ona  J" 
or  appoint  a  fpecial  feflions,  and  at  fuch  place  &c. 
in  the  county  as  he  may  deem  expedient,  when 
ever  the  circumftances  of  the  people  may  re 
quire  it.     The  feflions  for  the  county  of  Warn- 
ington  fhall  be  holden  at  the  city  of  Marietta 
upon  the  firft  Monday  of  January,  April,  Au- 
guft,   and   Oftober  annually.       In    all    cafes 
wherein  it  fhall  be  neceflary  to  render  a  defini 
tive  fentence,  or  to  render  a  final  decree,  and  Sentences 
upon  a  point  contefted,  the  judge  fhall  calLto  how  rcn- 
his  affiftance,  two  of  the  juftices  of  the  court  of  6red' 
common  pleas  of  the  fame  county  ;  who,  to 
gether  with  the  judge  fhall  conftitute  the  court 
of  probate ;  a  majority  of  whom  fhall  have 
power  to  render  final  fentences  and  decrees  in 
all  matters  cognizable  before  faid  court ;  Pro 
vided  however,  that  from  every  definitive  fen 
tence,  and  from  every  final  decree,  rendered  by 
the  court,  there  may  be  an  appeal  to  the  gene- 


ral  court  of  the  territory,  the  appellant  giving 
bbnd  with  two  fufficient  fureties,  to  profecute 
his  appeal  with  effect,  which  appeal  mall  be  en 
tered  upon  the  fecond  day  of  the  term  of  the 
court  appealed  to,  and  next  holden  for  the 
county  in  which  the  appeal  was  taken. 
judge  to  The  judge,  previoufly  to  his  entering  upon 

take  oath;     the  dutjes  of  hjs  offic^    ^jj   be  fwor^  before 


the  governour,  to  a  true  and  faithful  difcharge 
thereof. 

to  record  The  judge  (hall  record  laft  wills  and  tefta-] 
Uft  wills,  ments,  and  make  entries  of  the  granting  of  let- 
ters  teftamentary,  and  letters  of  adminiftrationt 
he  fhall  receive,  put  on  file,  and  carefully  pre- 
ferve  all  bonds,  inventories,  accounts,  and  other 
documents,  neceflary  to  be  perpetuated  in  his 
office. 

Bonds  to  All  bonds  that  by  this  law  are,  or  by  law 
whomtobe  fhali  be  directed  to  be  given  in  the  court  of 
probate,  or  probate  office,  fhall  be  made  to  the, 
judge,  and  fhall  be  in  truft,  to  and  for  the  ufe 
of  all  perfons  concerned,  or  having  intereft 
therein  :  And  the  benefit  thereof,  fhall  be*  ex 
tended  from  time  to  time,  '  to  and  for  the  re 
lief  of  the  party  injured. 

judges  to  The  judge  fhall  deliver  a  certified  copy  of 
t!fiedercoCr~  any  b°nd  taken  by  him  as  aforefaid,  to  any  per- 
of  bond°on  fon  interefted,  and  requefting  the  fame,  and  he 
fl^n  a}fo  produce  the  original  bond  in  court, 
upon  any  trial  that  fhall  be  had  for  the  breach 
of  the  conditions  thereof,  whenever  required 
by  fuch  court,  and  upon  refufal,  or  delay  herein, 
the  judge  fhall  forfeit  and  pay  to  the  party  in 
jured  treble  damages.  And  there  fljall  be  ap 
pointed  a  clerk  of  faid  court  of  probate  who 
lhall  be  fworn  to  a  faithful  difcharge  of  the  du 
ties  of  his  office,  before  he  enters  into  the  ex 
ecution  thereof  j  and  the  clerk  fhali  record  all 


(      »5      ) 

fentences  and  decrees  of  the  court  of  probate, 
and  make  entries  and  records  of  all  matters 
proper  to  be  entered  and  recorded  in  his  office 

AR.  ST.  CLAIR. 
SAML.  H.  PARSONS. 
J.  M.  VARNUM. 
JOHN  CLEVES  SYMMES. 


CHAPTER    IV. 

A  L  A  W  forjixing  the  Terms  of  the  General  Court  of  tht 
Territory  of  the  l/nited  States  north-weft  of  the  river  Ohio, 
publijhed  by  his  Excellency  Arthur  St.  Clair,  Efqr* 
Governour,  and  Samuel  Holden  Parfons,  James  Mit 
chell  Varnum,  and  John  Cleyes  Symmes,  Efquires, 
Judges,  at  the  city  of  Marietta,  the  thirtieth  day  of  Au- 
guft,  in  the  thirteenth  year  of  the  Independence  of  the  Uni 
ted  States,  and  of  our  Lord  one  thoufand  Jeven  hundred 
and  eighty  tight, 

THE  general  court  for  the  territory  of  the  Gen.  coo* 
United  States  northweft  of  the  river  p°ea°  civil 
Ohio,fliall  hold  pleas,  civil  and  criminal, at  four  and  cr 
certain  periods  or  terms  in  each  and  every  year  n  * &c* 
in  fuch  counties  as  the  judges  mall  from  time  to 
time  deem  moft  conducive  to  the  general  good, 
they  giving  timely  notice  of  the  place  of  their  fit 
ting;  that  is  to  fay,  Upon  the  firftMonday  of  Fe 
bruary,  May,Odober  and  December.  Provided 
however,  That  but  one  term  be  holden  in  any 
one  county  in  a  year;  and  that  all  procefices, civil 
and  criminal,  mall  be  returnable  to  faid  court 
wherefoever  they  may  be  in  faid  territory.  And 
as  circumftances  may  fo  intervene  as  to  prevent 
a  feffions  of  the  court  at  the  time  and  place  adjourn,&ct 
fixed  upon,  it  mall  and  may  be  lawful  for  the 
court,  to  adjourn  from  time  to  time,  by  writ  di- 
refted  to  the  fheriff  of  the  county  ;  and  to  con 
tinue  all  procefs  accordingly  :  And  in  cafe 
neither  of  the  judges  (hall  attend  at  the  time 


and  place  aforefaid,  and  no  writ  be  received 
by  the  fheriff,  it  fhall  be  his  duty  to  adjourn 
the  court  from  day  to  day,  during  the  firft  fix 
days  of  the  term  ;  and  then  to  the  next  term ; 
to  which  all  procefles  fliall  be  continued  as  a- 
forefaid.  Provided  however,  That  all  iflues  in 
fad  fhall  be  tried  in  the  county  where  the 
caufe  of  adion  fhali  have  arifen. 

AR.  ST.  CLAIR. 
SAML.  H.  PARSONS. 
J.  M.  VARNUM. 
JOHN  CLEVES  SYMMES. 


CHAPTER     V. 

A  L  A  W  ref peeling  Oaths  of  Ofce,  publijhed  by  his  Ex 
cellency  Arthur  St.  Clair,£/ quire,  Governou-  of  the  7>r- 
ritory  of  the  United  States  north-weft  of  the  river  Ohio, 
and  by  the  Honourable  Samuel  Holden  Parfons,  and 
James  Mitchell  Varnum,  EJ quires.  Judges,  at  the  city 
of  Marietta,,  in  the  Territory  aforefaid,  upon  the  Jecond 
day  of  September,  in  the  thirteenth  year  of  the  Independence 
of  thefaid  United  States,  and  of  our  Lord  one  thoufand 
feven  hundred  and  eighty  eight* 

1?  VERY  Perfon  appointed  to  any  civil  office 
«d  to  civil  r^i  in  the  territory,  and  commiflioned  by 
toke^'h    ^  governour,  fhall  previoufly  to  his  entering 
upon  the  exercife  of  his  office,  take  the  follow 
er       ing  oath,  viz.     I,  A  B,  being  appointed  to  the 
office  of  do  folemnly  fwear, 

that  I  will  well  and  truly  execute  the  duties  of 
my  faid  office,  according  to  the  befl  of  my  fkill 
and  underftanding,  without  fraud  or  partiality. 
So  help  me  God. 

Any  perfon  appointed  as  aforefaid,   confci- 
affirmation,  entjoufly  fcrupuious  of  taking  an  oath,  fhall 

make  the  following  affirmation,  previoufly  to 
entering  upon  the  duties  of  his  office,  viz.  I, 
A  B,  being  appointed  to  the  office  of 


(      '7      ) 

da  folemnly,  fincerely  and  truly  declare  and 
affirm,  that  I  will  well  and  truly  execute  the 
duties  of  my  faid  office,  according  to  the  beft 
of  my  (kill  and  underftanding,  without  fraud 
or  partiality  :  And  this  I  declare  and  affirm 
under  the  pains  and  penalties  of  perjury. 

And  that  all  oaths  of  office,  or  declarations  before 
and  affirmations  prefcribed  as  aforefaid,  .mail  governor. 
be  taken  before  the  governour,  or  fuch  perfon 
or  perfons  as  mall  by  him  be  appointed  and 
commiffioned  for  that  purpofe,  and  certified 
upon  the  commiffion  of  the  perfon  takingsthe 
fame.     And  in  cafe  of  the  abfence  of  the  go 
vernour,  the  faid  oath,  or  declaration  and  affir 
mation  may  be  taken  before,  and  certified  by 
either  of  the  judges  of  the  territory. 

AR.  ST.  GLAIR. 
SAML.  H.  PARSONS-. 
JAMES  M.  VARNUM. 


CHAPTER    VI. 

A  L  A  W  refpefling  Crimes  and  Punijhments,  publijhedby 
his  Excellency  Arthur  St.  Cl*ir,Efquire,  Governour,  and 
the  Honourable  Samuel  HoldenParfons,and  James  Mit 
chell  Varnum,  Ef quires,  Judges  oj  the  Territory  of 
the  United  States  north- weft  of  the  river  Ohio,  at  the  city 
of  Marietta,  thefixth  day  of  September,  in  the  thirteenth 
year  of  the.  Independence  of  the  United  States,  and  of  our 
Lord  one  thoufandfeven  hundred  and  eighty  eight. 

Treafon. 

IF  any  perfon  belonging  to,^  refiding  in,  or  What  of- 
prote&ed  by  the  laws  of  this  territory,  (hall  fences 
levy  war  againft  the  Usiited  States,  or  againfl 
this  territory,  or  mail  knowingly  and  wilfully 
aid  or  aflift  any  enemies  at  war  againft  the  Uni 
ted  States,  or  this  territory,  by  joining  the  ar- 


(       18       ) 

be  deemed  ™*e*  or  fleets  offuch  enemies,  or  by  inlifting^ 
persuading  or  procuring  others  to  join  faid 
fleets  or  armies,  or  by  furnifhing  fuch  enemies 
with  arms,  or  ammunition, or  proviiions,  or  any 
ether  articles  for  their  aid  or  comfort,  or  by 
carrying  on  a  trealbnable  and  treacherous  cor- 
refpondence  with  them,  or  (hall  form,  or  be 

treasonable*  any  way  concerned  in  forming  any  combina 
tion,  plot  or  confpiracy  for  betraying  the  Uni 
ted  States,  or  this  territory  into  the  hands  or 
power  of  any  foreign  enemy,  or  fhall  give  or 
attempt  to  give  or  fend  any  intelligence  to  any 
fuch  enemy  for  faid  purpofe,  the  perfon  or 
perfons  fo  offending  fhall  be  deemed  guilty  of 
treafon  and  upon  conviction  thereof  fhall 
fuffer  the  pains  of  death,  and  fhall  moreover 
forfeit  all  his,  her  or  their  eftate,  real  and  per- 
fonal,  to  this  territory. 

Murder. 

Murder.  If  any  perfon  or  perfons  fhall  with  malice 
aforethought,  kill  or  flay  another  perfon,  b<s, 
fhe,  or  they  fo  offending,  fhall  be  deemed  guilty 
of  murder,  and  upon  conviction  thereof  fhall 
fuffer  the  pains  of  death. 

Man/laughter. 

If  any  perfon  or  perions  fhall  wilfully  kill 
or  flay  another  perfon  without  malice  afore 
thought,  he,  fhe,  or  they  fo  offending  fhall  be 
deemed  guilty  of  manflaughter,  and  upon  con 
viction  thereof,  fhall  be  punifhed  as  at  the  com 
mon  law  hath  heretofore  been  ufed  and  accuf- 
tomed.  Provided  neverthelefs,  That  if  any 
perfon  in  the  juft  and  neceffary  defence  of  his 
own  life,  or  the  life  of  any  other  perfon,  fhall 
kill  or  flay  another  perfon  attempting  to  rob  or 
murder  in  the  field  or  highway,  or  to  break 
into  a  dwelling  houfe,  if  he  cannot  with  fafety 
to  himfelf  otherwife  take  the  felon  or  aflailant, 


or  bring  him  to  juftice,  he  (halite  h olden. guilt- 
lefs. 

Atfin. 

If  any  perfon  or  perfons  mall  wilfully  and  Arfon.what 
malicioufly  burn  or  caufe  to  be  burnt,  or  fhall 
be  wilfully  and  malicioufly  aiding  and  aflifting 
in  burning  any  dwelling-houfe  or  other  build 
ing  thereunto  adjoining,  he,  (he,  or  they  fo  of-  Uow  pa- 
fending  fhall  be  deemed  guilty  of  arfon,  and  niflled' 
upon  conviction  thereof,  (hall  be  whipped,  not 
exceeding  thirty-nine  flripes,  put  in  the  pillory 
and  there  be  continued  not  exceeding  the  fpace 
of  two  hours,  confined  in  gaol  not  exceeding 
the  fpace  of  three  years,  and  forfeit  all  his,  her 
or  their  eftate,  real  and  perfonal,  to  this  terri 
tory  ;  out  of  wnich  eftate,  if  fufficient,  (hall  be 
paid  to  the  party  injured  his  full  damages. 
Ancl  in  cafe  death  fhould  enfue  from  fuch  burn 
ing,  the  offender  or  offenders  upon  conviction 
thereof,  fhall  fuffer  the  pains  of  death. 

Burglary. 

If  any  perfon  or  perfons  fhall  in  the  night 
feafon  break  open  and  enter  any  dwelling-houfe, 
fhop,  fibre  or  veflel  in  which  any  perfon  or 
perfons  dwell,  or  refide,  with  a  view  and  inten 
tion  of  ftealing  and  purloining  therefrom,  he, 
{he  or  they  fo  offending  fhall  be  deemed  guilty  h°w  PU- 
of  burglary,  and  upon  conviction  thereof,  fhall  mlbedi 
be  whipped,  not  exceeding  thirty-nine  ftripes,  ' 
and  find  fureties  for  good  behaviour  for  a  terra 
not  exceeding  three  years,  and  upon  default  of 
fureties,  fhall  be  committed  to  gaol  for  a  term- 
not  exceeding  three  years,  or  until  fentence  be 
performed. 

If  the  perfon  or  perfons  fo  breaking  and  en-  and  fined, 
tering  any  dwelling-houfe,  fhop,  flore  or  veflel 
as  aforefaid,   fhall  actually  fteal  and  purloin, 
therefrom,  he,  me  or  they  fo  offending,  upon 
conviction  thereof,  fhall  moreover  be  fined  in 

D 


yorfeittire 
on  perfoiis 
breaking 
houfes,&c. 


wilful  mur 
der. 


tttfele  the  value  of  tlie  articles  ftolen;  one'thinjl 
of  fuch  fine  to  be  to  the  territory,  and  the  othef 
two  thirds  to  the  party  injured. 

If  the  perfon  or  perfons  fo  breaking  and  en 
tering  any  dwelling-houfe,  (hop,  ftore  or  veffel 
as  aforefaid,  (hall  commit,  or  attempt  to  com 
mit  any  perfonal  abufe,  force,  or  violence,  or 
{hall  be  fo  armed  with  any  dangerous  weapon 
or  weapons  as  clearly  to  indicate  a  violent  in 
tention,  he,  (he  or  they  fo  offending,  upon  con 
viction  thereof,  mall  moreover  forfeit  all  his, 
her  or  their  eflate,  real  and  perfonal,  to  this 
territory,  out  of  which  the  party  injured  (hall 
be  recompenced  as  aforefaid,  and  the  offender 
mail  alfo  be  committed  to  any  gaol  in  the  ter 
ritory  for  a  term  not  exceeding  forty  years. 
•What  cafes  And  if  the  death  of  any  innocent  perfou 
deemed  fhould  enfue  from  the  breaking  and  entering 
any  dwelling-houfe,  mop,  ftore  or  veflel  as  a- 
forefaid,  in  any  of  the  inftances  aforefaid,  the 
perfon  or  perfons  fo  breaking  and  entering 
{hall  be  deemed  guilty  of  wilful  murder.  And 
all  perfons  aiding  and  affifting  in  breaking  and 
entering  any  dwelling-houfe,  mop,  ftore  or  vef- 
fel  as  aforefaid,  or  in  any  of  the  crimes  confe* 
quent  thereupon,  as  before  pointed  out,  mall 
be  deemed  principals. 

Robbery. 

If  any  perfon  or  perfons  mail  unlawfully  and 
forceably  take  from  the  perfon  of  another  in  the 
field  or  highway,  any  money,  goods  or  chattels, 
he,  £he  or  they  fo  offending  mail  be  deemed 
guilty  of  robbery,  and  upon  conviction  thereof, 
{hall  fuffer  as  in  the  firft  inftance  of  burglary. 

Whoever  fhall  commit  fuch  robbery  with 
perfonal  abufe  or  violence,  or  be  armed  at  the 
time  with  any  dangerous  weapon  or  weapons 
fo  as  clearly  to  indicate  an  intention  of  violence, 
he,  {he  or  they  fo  offending,  upon  convi&ioa 


What 

crimes 

deemed 

robbery, 

and  how 

punifhed, 


(    ax    ) 

thereof,  fhall  moreover  Cutter  as  in  the  fecond  Robbery 
inilance  of  burglary.  And  in  cafe  any  perfon 
or  perfons  robbing  or  attempting  to  rob,  as 
aforefaid,  fhall  kill  or  flay  any  perfon  or  per 
fons  defending  him,  her  or  themfelves,  or  others, 
or  his,  her  or  their  property  againft  fuch  rob 
ber  or  robbers,  or  perfon  or  perfons  attempt 
ing  to  rob,  or  in  purfuing  and  endeavouring 
to  apprehend  and  fecure  fuch  perfon  or  per 
fons  fo  robbing  or  attempting  to  rob,  he,  me 
or  they  fo  offending  (hall  be  deemed  guilty  of 
wilful  murder.  And  all  aiders  and  abettors 
in  any  robbery  as  aforefaid,  and  in  any  of  the 
crimes  confequent  thereupon,  as  before  pointed 
out,  fhall  be  deemed  principals. 

AR*  ST.  GLAIR, 
SAML.  H.  PARSONS, 
JAMES  M.  VARNUM. 

Riots  and  unlawful  Affemblies. 
If  three  or  more  perfons  mall  affemble  to-  Fines  on 
gether  with  intention  to  do  any  unlawful  a&,  ^^^ 
with  force  and  violence,  againft  the  perfon  or  &ce.m 
property  of  another,  or  to  do  any  other  unlaw 
ful  aft,  againft  the  peace  and  to  the  terror  of 
the  people  ;  or  being  lawfully  aifembled,  fhall 
agree  with  each  other  to  do  any  unlawful  aft 
as  aforefaid,  and  fhall  make  any  movement  or 
preparation  therefor,  the  perfons  fo  offending, 
and  upon  conviction  thereof  fhall  pay,  as  a  fine, 
each,  to  this  territory,  the  fum  of  fixteen'  dol 
lars,  and  find  furety  for  their  good  behaviour 
refpe&ively  for  the  fpace  of  fix  months,  and 
{land  committed  till  fentence  be  performed. 

Whenever  three  or  more  perfons  fhall  be  Judges  du 
affembled  as  aforefaid,  and  proceeding  to  com- ty 
mit  any  of  the  offences  aforefaid,  it  fhall  be  the 
duty  of  all  judges,  juftices  of  the  peace   and 
fheriffs,  and  all  minifterial  officers,  immediately 
upon  adual  view,  or  as  foon  as  may  be  upon 


judges  da-*  information,  to  make  proclamation  in  the  heaN 
ty  on  un-   'm^  of  fucfa  offenders,  if  filence  can  be  obtained. 

lawful  af          O  ,.  .5     .  r    .        TT    .       ' 

commanding  them  in  the  name  or  the  United 
States,  to  difperfe,  and  depart  to  their  fevenl 
homes,  or  lawful  employments :  And  if  upon 
fuch  proclamation,  or  when  filence  cannot  be 
obtained,  fuch  perfons  fo  aifembled  mail  not 
difperfe,  and  depart  as  aforefaid,  it  (hall  then 
be  the  duty  of  fuch  judges,  juftices  of  the  peace 
and  (heriffs,  and  other  minifterial  officers,  re- 
fpectively,  to  call  upon  all  perfons  near,  and  of 
abilities,  and  throughout  the  county,  if  necef- 
fary,  to  be  aiding  and  afiifting  in  difperfing  and 
taking  into  cuftody  all  perfons  aflembled  as 
aforefaid  :  And  all  military  officers  and  others 
called  upon  as  aforefaid  are  hereby  ordered  and 
dire&ed  to  render  inftant  and  full  obedience 
in  this  behalf,  upon  the  penalty  of  ten  dollars 
each  for  every  neglect  or  r^fufal  herein,  and 
commitment  in  cafe  of  non-payment.  If  any 
of  the  perfons  fo  unlawfully  aflembled  fhall  be 
killed,  maimed  or  otherwife  injured,  in  confe- 
quence  of  refilling  the  judges,  or  others  in  dif 
perfing  and  apprehending,  or  in  attempting  to 
difperfe  and  apprehend  them,  the  faid  judges, 
juftices  of  the  peace,  and  fheriffs,  an4  other 
tninifterial  officers,  and  others  acting  by  their 
authority,  or  the  authority  of  any  of  them, 
mail  be  holden  guiltlefs. 

ob.  If  any  perfon  or  perfons  (hall  forceably  ob- 
g  ftruft  any  of  the  authority  aforefaid,  or  if  any 
iUc.°  y'  three  or  more  perfons,  ihaU  continue  together 
after  proclamation  as  aforefaid  made,  or  at 
tempted  to  be  made,  and  prevented  by  fuch 
rioters  5  or  in  cafe  of  no  proclamation,  any 
three  or  more  perfons,  being  aflembled  as  afore 
faid,  fhall  commit  any  unlawful  act  as  afore 
faid,  every  offender,  upon  conviction  thereof, 
fhall  be  fined  in  a  fum,  not  exceeding  three 
hundred  dollars,  and  be  whipped,  not  exceed- 


f    23    ) 

ing  thirty-nine  ftripes,  and  find  furety  for  good  . 

,    T       •  r  •  t  committinar 

behaviour  for  a  time  not  more  than  one  year,  uniawfui 
at  the  difcretion  of  the  court  before  whom  the  a<a»>  ho* 
conviction  may  be  had.     And  upon  a  lecond  PunUhcd* 
conviction,  each  and  every  offender  mail  be; 
whipped  and  fined  as  aforefaid,  and  find  furety 
for  good  behaviour  and  the  peace  for  a  time 
not  exceeding  ten  years,  and  may  be  commit 
ted  to  any  gaol  in  the  territory  till  fentence  be 
fully  performed. 

Perjury. 

If  any  perfon  lawfully  called  upon  to  give  p^-^ 
evidence  before  any  court  of  record,  or  other  what  cafef 
authority  in  this  territory,  qualified  to  admini-  <*eemed'f°<l 

i_  j    r  i  j      i          •  •       i      rr  -          howpumfli- 

iter  oaths  and  iolemn  declarations  and  affirma-  cd. 
tions,  (hall  wilfully  depofe,  affirm,  or  declare, 
any  matter  to  be  fact,  knowing  the  fame  to  be 
falfe,  or  (hall  in  like  manner,  deny  any  fact, 
knowing  the  fame  to  be  true,  or  (hail  refufe  to 
depofe,  to  affiroa^  or  declare  fuch  fact,  know 
ing  the  fame  to  be  true,  the  perfon  fo  offending 
fhall  be  deemed  guilty  of  perjury,  and  upon 
conviction  thereof,  mail  be  fined  in  a  fum  not 
exceeding  fixty  dollars,  or  be  whipped  not  ex 
ceeding  thirty-nine  ftripes,  and  fhall  moreover 
be  fet  in  the  pillory  for  a  fpace  of  time  not  ex 
ceeding  two  hours,  and  be  ever  after  incapable 
•of , giving  teftimony,  being-  a  juror,  and  of  fuf- 
taining  any  office,  civil  or  military  in  this  ter 
ritory. 

And  if  any  perfon  or  perfons  mall  corruptly 
procure  any  other  perfon  to  commit  the  crime 
of  perjury,  as  before  defined,  he,  flie,  or  they 
fo  offending,  fhall  upon  conviction  thereof  fuf- 
fer  the  fame  punifhments  and  difabilities  as  in 
the  cafe  of  actual  perjury. 

Larceny. 

If  any  perfon  or  perfons  fhall  fteal  or  pur 
loin  from  another  perfon  or  perfons,  any  mo- 


(        24       ) 

>  goods,    wares,  or  merchandize,  or  any 
other   perfonal  property   or    thing   whatever, 
he,  fhe,  or  they  fo  offending,  fhall  be  deemed 
guilty  of  larceny,  and  upon  convidion  thereof, 
fhall  for  the  firft  offence  reflore  to  the  owner 
the  thing  ftolen,  and  pay  to  him  the  value  there 
of;  or  two  fold  the  value  thereof,  if  the  thing 
ftolen  be  not  reftored,  and  mail  be  fined  in  a 
Jum  not  exceeding  two  fold  the  value  of  the 
thing  or  goods  ftolen,  or  fhall  be  whipped  not 
how    pu-  exceeding  thirty-one  ftripes,   at  the  difcretion 
nifhed.       of  the  court.     Upon  a  fecond  convidion,  refti- 
tution  and  payment  fhall  be  made  to  the  owner 
as  aforefaid — a  fine  fhall  be  fet  and  paid  to  the 
territory,  not  exceeding  four  fold  the  value  as 
aforefaid,   and   the   offender  fhall  be  whipped 
not  exceeding  thirty-nine  ftripes  :   and  in  like 
manner    upon    every    fucceeuing    conviction. 
And  in   cafe  fuch  convict  fhall  not  have  pro 
perty,  real  or  perfonal,  wherewith  to  difcharge 
and  fatisfy  the  fentence  of  the  court,  it  fhall  be 
lawful  for  the  fheriff,  by  direction  of  the  court, 
to  bind  fuch    perfon  to   labour  for  a  term  not 
exceeding  feven  years,    to  any  fuitable  perfon 
who  will  difcharge  fuch  fentence. 

And  if  any  perfon  or  perfons  fhall  receive 
any  goods  or  other  thing  as  aforefaid,  know 
ing  the  fame  to  be  ftolen,  he,  fhe,  or  they  fa 
offending,  fhall  be  deemed  principally  guilty, 
and  upon  conviction  thereof  fhall  be  punifhed 
accordingly. 

And  if  any  perfon  or  perfons  fhall  agree  or 
compound,  or  take  fatisfaction  for  any  fteal- 
ing,  or  goods  ftolen,  fuch  perfon  or  perfons 
upon  convidion  thereof,  (hall  forfeit  twice  the 
value  of  the  Aims  or  thing  agreed  for  or  taken  : 
but  no  perfon  fhall  be  debared  from  taking  his 
goods  again,  provided  he  profecute  the  thief. 


C     *5     ) 

Provided  alfo,  that  nothing  herein  fhall  be  con* 
{trued  fo  as  to  oblige  a  parent  to  profecute  a 
child,  being  an  infant ,  or  in  a  ftate  of  minority* 

Forgery. 

Whoever  fhall  forge,  deface,  corrupt,  or  em*  Forgery, 
bezzle  any  charters,  gifts,  grants,  bonds,  bills, 
conveyances,  wills,  teftaments,  or  written  con- 
tra&s  of  any  nature  or  kind,  or  fhall  deface  or 
falfify  any  enrollment,  regiftry  or  record,  or 
matter  or  inftrument  recorded,  or  fhall  coun* 
terfeit  the  feal  or  hand  writing  of  another  with 
intent  to  defraud,  every  perfon  fo  offending 
fhall  upon  convidion  thereof,  be  fined  in  dou*  how 
ble  the  fum  he  fhall  thereby  have  defrauded, 
or  attempted  to  defraud  another,  one  half  there 
of  to  the  party  injured  or  intended  to  be  in 
jured,  and  fhall  moreover  forever  after  be  ren 
dered  incapable  of  giving  teftimony,  being  a 
juror,  or  fuftaining  any  office  of  truft,  and  be 
fet  in  the  pillory,  not  exceeding  the  fpace  of 
three  hours.  And  all  perfons  wilfully  aiding 
and  affifling  in  the  commiffion  of  thefe  crimes, 
or  who  fhall  caufe  or  procure  the  fame,  or  any. 
of  them  to  be  perpetrated  fhall  be  deemed  prin<* 
cipals. 

Ufurpation. 

No  perfon  fhall  take  upon  himfelf,  or  exer- 
cife,  or  officiate  in  any  office  or  place  of  au-. what  cafcs 
thority  in  this  territory,  without  being  lawful- 
ly  authorized  thereunto  ;  and  if  any  perfon 
ihall  prefume  fo  to  do,  he  fhall  upon  convi&ion 
thereof,  be  fined  in  a  fum  not  exceeding  one 
hundred  dollars. 

AJfault  and  Battery. 

If  any  perfon   fhall  unlawfully  afiault  orAflauitand 
threaten  another  in  a   menacing  manner,  or  ^etrcy;fe$ 
fhall  fhike,  or  wound  another,  he  fhall  upon  deemed  T 
conviction  thereof,   be  fined  in  a  fum  not 


C      26      ) 

fined  exceeding  one  hundred  dollars :  and  the  court 
before  whom  fuch  conviction  fhall  be  had, 
may  at  their  difcretion  caufe  the  offender  to 
enter  into  recognizance  with  furety  for  the 
peace,  and  good  behaviour,  for  a  time  not  ex 
ceeding  one  year. 

Fraudulent  Deeds,  &c. 

Fraudulent      All  bonds,  bills,  deeds  of  fale,  gifts,  grants 
perfonf C*  or  other  conveyances  or  obligations  whatever, 
making      made  with  intent  to  deceive  and  defraud  others, 
feed.'  h°W  or  to  defeat  creditors  of  their  juft  debts  or  de 
mands  ihall  be  null  and  void  ;  and  the  perfon 
or  perfons  fo  offending,  fhall  upon  convidion 
thereof,'  be  fined  in  a  fum  not  exceeding  three 
hundred  dollars,   and  pay  double  damages  to 
the  party  or  parties  injured. 

Difobedience  of  Children  and  Servants* 
P™J  °f        If  any  children  or  fervants  Ihall  contrary  to 
cafes  of  dif-  the  obedience  due  to  their  parents  or  matters, 
obedient     refift  or  refufe  to  obey  their  lawful  commands, 
en'&cupon  complaint   thereof  to  a  juftice  of  the 
peace,  it  fhall  be  lawful  for  fuch  juftice  to  fend 
him  or  them  fo  offending,  to  the  gaol  or  houfe 
of  correction,  there  to  remain  until  he  or  they 
fliall  humble  themfelves  to  the  faid  parents,  or 
mafters  fatisfaction.     And  if  any  child  or  fer- 
vant  fhall  contrary  to  his  bounden  duty  pre- 
fume  to  affault  or  flrike  his  parent  or  matter, 
upon  complaint  and  conviction  thereof,  before 
two  or  morejuftices  of  the  peace,  the  offender 
be  whipped  not  exceeding  ten  ftripes. 

Drunkennefs\ 

if  any  perfon  fhall  be  convicted  of  drunken- 
°  r  nefs  before  one  or  more  juflices  of  the  peace, 
the  perfon  fo  convicted  fhall  be  fined,  for  the 
firft  offence,  in  the  fum  of  five  dimes,  and  for 
every  fucceeding  offence,  and  upon  conviction, 
in  the  fum  of.  one  dollar  and  in  either  cafe, 


(         27         ) 

upon  the  offender's  neglecting  or  refufmg  to 
pay  the  fine,  he  fhall  be  "let  in  the  (locks  for  the 
fpace  of  one  hour.  Provided  however,  that 
complaint  be  made  to  the  juftice  or  juftices 
within  two  days  next  after  the  fcffence  (hall 
have  been  committed. 

Improper  and  Profane  Language. 
Whereas  idle,  vain  and  obfcene  converfa- 
tion,  profane  curfmg  and  fwearing,  and  more 
specially  the  irreverently  mentioning,  calling 
uponj  or  invoking  the  facred  and  fuprcmc  be- 
ing,  by  any  of  the  divine  chara&ers  in  which 
he  hath  gracioufly  condefcended  to  reveal  his 
infinitely  beneficent  purpofes  to  mankind,  are 
repugnant  to  every  moral  fentiment,  fubverfive 
of  every  civil  obligation,  inconfiflent  with  the 
ornaments  of'poliihed  life,  and  abhorrent  to 
the  principles  of  the  moft  benevolent  religion. 
It  is  expe&ed  therefore,  if  crimes  of  this  kind 
fhould  exift,  they  will  not  find  encouragement, 
countenance,  or  approbation  in  this  territory. 
It  is  flri&ly  enjoined  upon  all  officers  and  mi- 
niflers  of  juftice,  upon  parents,  and  others, 
heads  of  families,  and  upon  others  of  every 
defcription,  that  they  abftain  from  practices  fo 
vile  and  irrational  ;  and  that  by  example  and 
precept,  to  the  utmoft  of  their  power,  they  pre 
vent  the  neceflity  of  adopting  and  publifhing 
lawsj  with  penalties  upon  this  head.  And  it  is 
hereby  declared  that  government  will  confider 
as  unworthy  its  confidence  all  thofe  who  may 
obflinately  violate  thefe  injunctions. 

Firft  day  of  the  we£k. 

Whereas  mankind  in  every  ftage  of  inform 
ed  fociety,  have  confecrated  certain  portions  of 
time  to  the  particular  cultivation  of  the  focial 
virtues,  and  the  public  adoration  and  worfhip 
of  the  common  parent  of  the  univerfe  :  and 
E 


(        28        ) 

day  of  whereas  a  pra&ice  fo  rational  in  itfelf,  and  con- 
the  week  to  formable  to  the  divine  precepts  is  greatly  con- 

Dereiigioul-          .  •    ...        •  *  J.  ••  » 

.  ducive  to  civilization  as  well  as  morality  and 
piety ;  and  whereas  for  the  advancement  of 
fuch  important  and  interefting  purpofes,  moft 
of  the  chriftian  world  have  fet  apart  the  firft 
day  of  the  week,  as  a  day  of  reft  from  common 
labours  and  purfiiits  ;  it  is  therefore  enjoined 
that  all  fervile  labour,  works  of  neceffity  and 
charity  only  excepted,  be  wholly  abftained 
from  on  faid  day. 

AR.  ST.  CLAIR. 

SAML.  H.  PARSONS. 

JAMES  M.  VARNUM. 


CHAPTER     VII. 

A  LAW  regulating  Marriages  :  adopted  and  publijhed  by 
His  Excellency-  Arthur  St.  Clair,  Efqutre^  Governour, 
the  Honourable  Samuel  Holden  Parfons,  and  James  Mi- 
chell  Varnum,  Judges  of  the  Territory  of  the  United 
States  north-weft  of  the  river  Ohio. 


years,  and  female  perfons  of  the  ?ge  of 
marry  ;      fourteen  years,  and  not  prohibited  by  the  laws 

of  God,  may  be  joined  in  marriage. 
by  whom  ;  It  fhall  be  lawful  for  any  of  the  judges  of  the 
general  court,  or  of  the  county  court  of  com 
mon  pleas  in  their  refpedive  counties,  miniflers 
.of  any  religious  fociety  or  congregation  within 
the  diftrids  in  which  they  are  fettled,  and  the 
fociety  of  chritians  called  qtiakers  in  their  pub 
lic  meetings,  to  join  together  as  hufband  and 
wife  all  perfons  of  the  above  defcription  who 
may  apply  to  them  agreeably  to  the  rules  and 
ufage  of  the  refpeftive  focieties  to  which  the 
parties  belong. 


Previonfly  to  perfons  being  joined  in  mar-inwhat 
riage  as  aforefaid,  the  intention  of  the  parties  manner  ia- 
fhall  be  made  known  by  publifhing  the  fame  e«ntion  .°* 

t-  if  r  r  r  i  iin         •    t  tne    Parties 

for  the  fpace  or  fifteen  days  at  the  leait,  either  fhaii  be 
by  the  fame  being  publickly  and  openly  de-  pubU&ed; 
clared  three  feveral  Sundays,  holy  days,  or 
other  days  of  public  worfhip  in  the  meeting  in 
the  towns  where  the  parties  refpe&ively  belong, 
or  by  publication  in  writing  under  the  hand 
and  feal  of  one  of  the  judges  before  mentioned, 
or  of  a  juflice  of  the  peace  within  the  county, 
to  be  affixed  in  fome  public  place  in  the  town 
wherein  the  parties  refpeclively  dwell,  or  a  li- 
cenfe  mail  be  obtained  of  the  governour  under 
his  hand  and  feal,  authorifmg  the  marriage  of 
the  parties  without  publication,  as  is  in  this 
law  before  required. 

Male  perfons  under  the  age  of  twenty-one  eertain 
years,  and  female  perfons  under  the  age  of  perfons  to 
eighteen  fliall  not  be  joined  in  marriage  with-  °^tain  Pre- 

/-    n        t        •     •  t  r  r     i      •      r     i  vious-  con- 

out  firil  obtaining  the  confent  of  their  fathers  fcnt  Of  pa. 
refpeftively,  or  (in  cafe  of  the  death  or  incapa-  rents» &c- 
city  of  their  fathers)  of  their  mothers,  or  guar 
dians,  provided  fuch  parents  or  guardians  live 
within  the  territory. 

Where  perfons  not  refident  within  the  ter 
ritory  apply  to  be  joined  in  marriage,  the  con 
fent  of  fathers,  mothers,  or  guardians  mall  be 
obtained  in  like  manner  as  if  they  were  citizens 
of  the  territory. 

A  certificate  of  every  marriage  folemnized  Ccrtificate$ 
as  aforefaid,  figned  by  the  judge  or  minifler  or  marriage 
celebrating  the  fame,  or  in  cafe  of  quakers,  by  bfycn 
the  clerk  of  the  meeting,  fhall  be  by  fuch  judge,  g™ 
minifler  or  clerk  refpe&ively  tranfmitted  to  the 
regifter  of  the  county  wherein  the  marriage 
has  been  folemnized,  -within  three  months 
thereafter,  to  be  entered  on  record  by  fudh  re- 


(       30 

,  aii  exemplification  of  which  fhall  be 
cation  to  be  evidence  of  fuch  marriage. 

deemed  ° 

evidence.        If  any  judge,  minifter  or  others  by  this  law 
penalty  on  authorized  to  join  perfons  in  marriage  fhall 
marrying     perform  the  celebration  thereof  .contrary  to  the 
trary'to'thiB  true  intent  and  meaning  of  the  fame,  the  per* 
law  ;         fon  or  perfons  fo  offending,  Ihall  upon  convic 
tion  thereof  forfeit  the  fum  of  one  hundred 
dollars  to  and  for  the  ufe  of  the  territory. 

on  negiea-  And  if  any  judge,  minifter,  or  clerk  as  afore- 
inwtotranf-faid  fliall  neglect  to  tranfmit  a  certificate  of 
age  certS-  ^uc^  marriage  to  the  regifter  as  aforefaid,  he 
«te.  fhall  upon  conviction  thereof  forfeit  twenty 
dollars  to  and  for  the  ufe  of  the  territory. 

AR.  ST.  CLAIR. 
SAML.  H.  PARSONS. 
JAMES  M.  VARNUM. 


CHAPTER    VIII. 

A  L  A  W  in  addition  to  a  Law,  entitled,  a  Law  for  re 
gulating  and  eftablijhing  the  Militia,  in  the  Territory  of 
the  United  States  north-weft  of  the  River  Ohio,  publijhed 
by  his  Excellency  Arthur  St.  Olair,  Governour,  Samuel 
Holden  Parfons,  and  James  Mitchell  Varnum,  Ef- 
quires,  Judges  of  the  Territory  of  the  United  States  north* 
weft  of  the  river  Ohio,  in  the  city  of  Marietta,  Nov.  the 
23^,  A.D.  1788. 

r|  'HE  officers  of  the  militia  are  required, 

A    and  it  fhall  be  their  duty  to  caufe  all  per 

fons  who  by  law  are  obliged  to  do  military 

duty  to  be  enrolled  in  the  companies  of  militia* 


Perfon  wno   by  the   aforefaid  law,  is 
to  obliged  to  do  military  duty,  and  fhall  neglecl: 
arnw,d&c.    to  ^urn^   himfelf  with  arms,  accoutrements 
and  ammunition,   agreeably  to   the   require 
ments  of  faid  law,  by  the  times  herein  after 
mentioned  fhall  pay  a  fine,  for.  each  month,  he 


(      3"      ) 

fliall  neglect  to  provide  the  articles  by  faid  for-  to  be  fined; 
mer  law  required,  in  the  fums  herein  after  fpe- 
cified,  that  is  to  fay,  for  a  mufket  and  bayonet, 
or  rifle,  not  provided  within  thirty  days  after 
the  publication  of  this  law,  or  next  after  fuch 
perfon  fhall  be  enrolled,  five  dimes ;  for  every 
pound  of  powder,  and  four  pounds  of  lead,  or 
forty  rounds  of  cartridges  not  provided  within 
fifteen  days  next  after  the  publication  of  this 
law,  or  after  fuch  perfon  fhall  be  enrolled,  two 
dimes  and  five  cents  ;  for  every  cartridge  box 
and  pouch,  or  powder  horn  and  bullet  pouch 
not  provided  within  fifteen  days,  next  after  the 
times  before  herein  fpecified,  two  dimes  ;  for 
every  fix  flints  not  provided  within  ten  days, 
next  after  the  times  before  mentioned,  one 
dime  and  five  cents  ;  for  every  priming  wire 
and  brufh  not  provided  within  thirty  days  as 
aforefaid,  one  dime. 

And  the  military  officers  are  hereby  requir-  officers  to 
ed  and  directed  to  infpect  the  arms,  accoutre- infpe<a. tht 

i  •  •  r    i  11          •        armsj  &c. 

ments,  and  ammunition  or  the  men  belonging 
to  their  refpective  companies,  on  the  firft  Sab-, 
bath  day  in  each  month.     And  the  officers  of  and  coilc<a< 
the  companies  of  militia  are   authorized  and the  fine8* 
directed  to  collect  the  fines,  by  this  law  in 
flicted,  in  the  fame  manner  as  other  fines  are 
by  faid  former  law  to  be  collected. 

AR.  ST.  GLAIR. 

SAML.  H.  PARSONS. 

JAMES  M.  VARNUM* 


CHAPTER    IX. 

A  LAW  appointing  Coroners,  publijhed  the  2  ift  of  De 
cember,  1700,  by  his  Excellency  Arthur  St.  Clair,  Go- 
vernour,  the  Honourable  Sumuel  Holden  Parfons,  and 
James  Mitchell  Varnum,  Efquires,  Judges  of  the  Ter~ 
ritory  of  the  United  States  nortn-wejl  of  the  river  Ohio. 

Coroner  to  A  Coroner  fhall  be  appointed  in  each  coun- 
be  appoint-  j£"j^ty  within  this  territory,  who  fliall  be  fworn 

to  a  faithful  difcharge  of  his  office,  and  fhall 

give  bonds  in  the  fum  of  two  thoufand  dollars, 
to  give  with  two  fureties  for  the  due  performance  of 

the  fame  before  he  enters  upon  the  duties 

thereof. 

And  it  (hall  be  the  duty  of  the  Coroner,  by 
a  jury  of  the  county,  to  enquire  concerning  the 
death  of  a  perfon  flain,  who  dies  fuddenly  or 
in  prifon,  and  his  inquifition  fo  taken  he  fliall 
certify  to  the  next  general  court  holden  within 
the  county,  or  to  the  court  of  general  quarter 
feffions  of  the  peace  holden  for  the  county. 

And  it  fhall  be  the  duty  of  the  coroner  to 
execute  procefs  of  every  kind  wherein  the  fhe- 
riff  is  a  party  or  interefted  in  the  fuit,  or  for 
other  juft  caufe  is  by  law  rendered  incapable 
to  execute  the  fame. 

And  in  cafe  the  fheriff  for  any  caufe  fhall  be 
committed  to  gaol,  the  coroner  fhall  by  himfelf 
or  fuch  perfon  as  he  fhall  appoint,  be  keeper 
of  the  gaol  during  the  time  the  fheriff  fhall  re 
main  a  prifoaer. 

AR.  ST.  CLAIR. 

SAML.  H.  PARSONS. 

JAMES  M.  VARNUM. 


(       33       ) 
CHAPTER    X. 

A  L  A  W  limiting  the  times  of  commencing  Civil  A&ions 
and  injlituting  Criminal  Profecutions  ;  publijhed  by  his 
Excellency  the  Governour,  and  the  Judges  Samuel  Holdea, 
Parfons,  and  James  Mitchell  Varnum,  EJ quires,  in  the 
Territory  of  the  United  States  north-weft  of  the  Ohio9  De- 
December  the  2&th,  1788. 

ACTIONS  of  trefpafs,  trefpas  quare  clau-  Limitation 
fum  fregit,  cafe  (other  than  for  flander) 
debt  upon  fimple  contract,  or  for  rent,  detinue 
trover,  wafle  and  account,  other  than  fuch  ac 
counts  as  concern  the  trade  of  merchandize 
between  merchant  and  merchant,  their  factors 
and  fervants,  (hall  be  commenced  within  fix 
years  next  after  the  caufe  of  adion  mail  have 
arifen,  and  not  afterwards. 

Actions  of  trefpafs  for  aflault  and  battery, 
wounding  and  imprifonment,  within  four  years 
next  after  the  caufe  of  action  ;  action  on  the 
cafe  for  flander,  within  two  years  next  after  the 
caufe  of  action  ;  actions  of  debt  upon  fpecialty, 
and  matters  of  record,  and  covenant,  within 
ten  years  next  after  the  caufe  of  action,  and 
not  afterwards.  Provided  however,  that  if  any 
perfon  entitled  to  any  of  the  adtions  aforefaid, 
fhall  at  the  time  of  the  caufe  thereof  accruing, 
be  within  the  age  of  twenty-one  years,  feme 
covert,  non  compos  mentis,  or  imprifoned,  then 
and  in  fuch  cafes,  the  a&ion  may  be  commenc 
ed  within  the  fpace  of  one  year  after  fuch  difa- 
bilities  fhall  refpe&ively  be  removed. 

All  profecutions  for  crimes,  other  than  for 
capital  offences,  forgery,  perjury  and  larceny, 
lhall  be  inftituted  within  two  years  next  after 
the  crime  fhall  have  been  committed,  and  pro 
fecutions  for  the  crimes  of  forgery,  perjury, 
and  larceny  fhall  be  inftituted  within  four  years 


(        34        ) 

next  after  the  crime  fliall  have  been  committed 

and  not  afterwards. 

AR.  ST.  CLAIR, 
SAML.  H.  PARSONS, 
JAMES  M.  VARNUM. 


CHAPTER     XL 

COPIES  of  the  Laws  pafied  in  the  Territory 

of  the  United  States  north-weft  of  the 

River  Ohio,  in  the  Year  1790; 

WINTHROP  SARGENT,  Secretary. 

An  ACT  ts  prohibit  the  giving  or  felling  intoxicating  Li 
quors  to  Indians,  refiding  in,  or  coming  into  the  Terri 
tory  of  the  United  States  north  weft  of  the  river  Ohio, 
and  for  'preventing  Foreigners  from  trading  with  Indians 
therein.  Faffed  at  Vincennes  the  nineteenth  day  of  July, 
lone  thouf and  f even  hundred  and  ninety,  by  the  Honourable 
Winthrop  Sargent,  Efquire,.  Secretary  of  the  f aid  Terri 
tory  (now  vefted  with  all  the  powers  of  the  Governor  there 
of  Jandthe.  Honourable  JohnCleves  Symmesand George 
Turner,  Efquires,  Judges  in  and  over  the  fame. 

HERE  AS  many  abufes  dangerous  to  the 
the  lives,  peace,  and  property  of  the 
good  people  of  this  territory,  and  derogatory  to 
the  dignity  of  the  United  States,  have  arifen 
by  reafon  of  traders  and  other  perfons  furnifh- 
ing  fpirituous  and  other  intoxicating  liquors  to 
the  Indians  inhabiting,  or  coming  into  thefaid 
territory.  For  remedy  whereof — 

Forfeiture  Sec.  i. Be  it  enafled,Thzt  if  from  and  after  the 
for  vending  firft  day  of  January  next,  any  trader  or  other 
Perfon  whomfoevcr,  refiding  in,  coming  intot 
or  palling  through  the  faid  territory  of  the  Uni 
ted  States  north-weft  of  the  river  Ohio,  or  any 
part  thereof,  {hall  prefume  to  furnifli,  vend, 
fell,  or  give,  or  fhall  dire&  or  procure  to  be  fur- 
nifhed,  vended,  fold,  or  given  upon  any  account 


w 


(        35        ) 

whatever,  to  any  Indian  or  Indians,  or  nation  to  Ind;an,. 
or  tribe  of  Indians,  being  within  the  territory 
aforefaid,  any  rum,  brandy,  whifky  or  other 
intoxicating  liquor  or  drink,  he  or  fhe  fo  offend 
ing,  fhall  forfeit  and  pay,  for  every  quart  of 
fuch  liquor,  or  drink,  fo  furnifhed,  the  fum  of 
five  dollars,  and  for  any  quantity  furnifhed  at 
one  time,  lefs  than  a  quart,  the   fum  of  four 
dollars.     One  moiety  of  each,  and  every  of  the 
feveral  penalties,  fhall  go  to  the  party  inform-  how  dir  f_ 
ing,   on   convidlion  of  the  offender,  and  the  ed  of; 
other   moiety  thereof  to  the  ufe  of  the  faid 
territory. 

Sec.  2.  And  be  it  further  enabled,    That  if  procecdin., 
any  perion  not  a  fubjed  or  citizen  of  the  United  *>  ^  & 
States,  or  of  this    territory,  or  who  owes  or  J^"^ 
profenes  to  owe  allegiance  to  any  foreign  po-  «™™  trad" 
tentate,  power,  Jftate,  or  colony,  {hall  after  the  dng  withln" 
faid  firft-day  of  January  next,  be  found  within 
this  territory,  buying  from,diftributing  among 
or  felling  or  giving  to  any  of  the  Indians,  or 
nations,  or   tribes  of  Indians    inhabiting  the 
fame,  any  manner  of  goods,  war&,  or  mer 
chandize,  or  other  articles  of  commerce,  bar. 
ter  or  exchange,   he  or  fhe   fo  tranfgreffing, 
lhall  forfeit  to  the  ufe  of  this  territory,  all  his 
or  her  goods  and  chattels  perfonal,  and  fuffer 
HI  any  of  the  counties  of  the  faid  territory  im, 
pnfonment  without  bail  or  mainprize    for  a 
term  not  exceeding  eighteen  months,  nor  lefs 
than  fix  months.     And  if  any  perfon  being  a 
citizen  of  the  United  States,  or  refident  with  a?ainft  t 
m  this  territory,  fhall  after  the  faid  fiS  day  of 
January,  go  to,  refide  in,  or  trade  with  Indians 
at  or  near  any  of  their  towns,  fettlements   or' 
habitations,    lying    within  the  faid   territory 
xvithout  a   licenfe  for  that  purpofe  firft  duly 
obtained,  he  or  fhe  fhall  forfeit  and  pay  to  the 
ufe  of  this  territory,  the  fum  of  five  hundred 
F 


liceucc- 


(         3«         > 

dollars.  Provided  always,  That  nothing  here 
in  contained  mall  be  taken  or  conftrued  to  iff** 
pair  or  weaken  the  powers  and  authority  that 
now  are,  or  at  any  time  hereafter,  may  be  veft- 
ed  in  the  governour  and  commander  in  chief> 
or  other  perfon,  as  fuperintendant  of  Indian 
affairs,  or  commiffioner  plenipotentiary  for 
treating  with  Indian  nations. 

WINTHROP  SARGENT, 
JOHN  CLEVES  SYMMES._ 
G.  TURNER. 


CHAPTER     XII. 

An  ACT  prohibiting  the  f  ale  of  fpiritous  and  other  intoxi* 
eating  Liquors  to  Soldiers  in  thffervice  of  theUnited  States, 
being  within  ten  miles  of  any  •military  Poft  within  the 
Territory  of  the  Uni-ted  States  north-weft  of  the  river  Ohio  ,- 
and  to  prevent  the  felling  or  pawning  of  arms,  ammuni 
tion^  cloathing,  and  accoutrements.  Faffed  at  Vincennes 
the  twenty-jixth  day  of  July,  in  the  year  of  Chrift  one 
thoufand  Jeven  hundred  and  ninety  ,  by  the  Honourable 
"WintHrop  Sargent,  Efquirc,  Secretary  of  the  f  aid  Terri 
tory  (now  vefted  with  all  the  powers  of  the  Governour  and 
Commander  in  Chief  thereof  J  and  the  Honourable  John 
Cleves  Symmes,  and  George  Turner,  Efquires,  Judges 
in  and  over  the  fame. 


regulation     SeC'    I-     TiE  7/  ***&**>     That  i 

ifor  f»i^  of  Jj  being  within  ten  miles  of  any  en- 

U"  campment,  poft,  fort  or  garrifon,  or  hofpit^il 
for  the  convalefcents  thereof  now,  or  hereafter 
to  be  formed,  eftablifhed  or  ere&ed  within  this 
territory,  and  occupied,  garrifoned,  or  poflefled 
by  regular  troops  in  the  fervice  of  the  United 
States,  or  of  this  territory,  (hall  give,  fell,  ex 
change  or  furnifh,  or  caufe  or  procure  to  be 
given,  fold,  exchanged,  or  furniftied,  to  any 
non-commiffioned  officer  or  private  foldier 
(knowing  him  to  be  fuch)  ferving  in  or  belong- 


(        37        ) 

ing  to  any  encampment,  port,  fort,  gafrifon,  or  to  non- 
hofpital  as  aforefaid,  any  fpirituous  or  other  in-  c°^ffioD" 

f  , .  /.IT  i  .        ed    officers. 

toxicatmg  liquor  or  drink,  be  the  quantity  &c. 
more  or  lefs,  without  an  order  in  writing  pre- 
vioufly  obtained  from  a  co'mmiflioned  officer 
ferving  with  the  fame  troops,  he  or  me  fo  of* 
fending,  (hall  on  conviction,  forfeit  and  pay 
to  the  ufe  of  the  party  firft  informing  (or  to 
the  ufe  of  the  county  wherein  the  offence  is 
Committed,  if  the  prpfecution  be  at  the  fuit, 
and  on  behalf  of  the  United  States)  the  fum 
of  two  dollars  for  every  gill  of  fuch  liquor,  or 
drink  fo  furnifhed,  without  an  order  as  afore* 
faid,  to  be  recovered  before  any  two  juflices 
of  the  peace  for  the  county  wherein  the  offence 
mail  be  committed,  in  cafe  the  aggregate  fum, 
fo  to  be  forfeited  do  not  exceed  twenty  dollars, 
or  if  otherwife  by  action  of  debt  or  information 
in  any  court  of  record.  Provided  a/ways.  That 
nothing  herein  before  contained  mail  be  con- 
ftrued  to  reftrain  the  furgeon  or  furgeon^mate, 
having  the  care  of  the  convalefcents5  in  any 
fuch  hofpital  or  hofpitals,  from  procuring  for 
the  ufe  thereof  any  liquor  or  drink,  he  may 
deem  needful. 

Sec;-  2.  And  be  it  further  enafteds    That  if  enalt 
any  perfon  mail  prefume  to  bargain  for,  pur-  purchafing 
chafe,  or  receive  in  pledge,  or  as  a  gift,  or  £ceir  arm*« 
caufe  or  procure  to  be  bargained  for, purchased, 
or  received  in  pledge  or  as  a  gift,  on  any  pre 
tence  whatever,  all  or  any  part  of  the  public 
arms,  ammunition,  clothing  or  accoutrements 
pertaining  to  any.  non-commiflioned  officer  or 
private  foldier  in  the  fervice  aforefaid  (knowing 
him  to  be  fuch)  he  or  me  fo  offending,  mail  on 
conviction,  forfeit  and  pay  fcr  the  firft  offence 
treble  the  value  of  the  articles  fo  puichafed  or 
received,  the  fame  to  be  recovered  with  cofts^ 
by  action  of  debt  or  information,  in  any  court 


C         3«        ) 

^  record,  one  half  to  the  informer,  and  the 
herein,  how  other  half  to  the  United  States,  or  the  whole  to 
.  the  United  States,  where  profecution  mall  be 
firft  inflituted  on  the  public  behalf  alone  :  and 
for  every  repetition  of  the  like  offence  by  the 
fame  perfon,  he  or  Ihe-fo  offendkig  again,  mall 
forfeit  and  pay  in  like  manner  treble  the  value 
of  the  articles  purchafed  or  received  as  afore- 
faid,  together  with  cofts,  and  mall -moreover 
fuffer  imprifonment  for  a  term,  not  exceeding 
one  month. 

This   aft  fhall  commence,  and  be  in  force 
from  the  firft  day  of  January  next  enfuing. 


CHAPTER    XIII. 

An  ACTforfuppreJing  and  prohibiting  every  fpedcs  of  Gam 
ing  for  Money  or  other  Property ,  and  for  making  void  all 
contracts  and  payments  made  in  confequenre  thereof,  and  alfo 
for  rejiraining  the  diforderly  praclice  of  difcharging  firs 
Arms  at  certain  hours  and  places.  Paj/ed  at  Vincennes  the 
fourth  day  of  Augujl,  in  the  year  of  Chrift  one  thoufand 
feven  hundred  and  ninety,  by  the  Honourable  Winthrop 
Sargent,  Efquire,  Secretary  of  the  Territory  of  the  United 
States  north-zveft  of  the  River  Ohio,  (now  vejlcd  with  all 
the  powers  of  the  Governor  and  Commander  in  Chief  there 
of  Jand  the  Honour able John  Cleves  Symmes  andGcorgG 
Turner,  £J "quirts.  Judges  in  and  over  the  fame. 

"TIT  THE  RE  AS  the  population,  happinefs 
VV  and  profperity  of  all  countries,  efpe. 
cially  infant  communities,  neceflarily  depend 
upon  the  fobriety  and  induflry  of  the  people, 
and  their  attention  to  the  moral  an,d  politi- 
-cal  duties  of  life,  without  which  neither  the 
great  ends  of  fociety  can  be  anfwered,  nor  the 
blefTmgs  of  good  government  be  felt.  And 
whereas  many  pernicious  games  have  beenpub- 
lickly  praftifed  in  this  territory,  tending  to  the 


(       39       ) 

corruption  of  morals  and  the  increafe  of  vice 
and  idlenefs,  and  by  which  the  honed  and  un- 
fufpecling  citizen  may  be  defrauded,  and 
deferring  families  be  reduced  to  beggary  and 
want. 

Sec.  i.  BE  it  therefore  enafled,  That  if  any  Penalty  on 
perfon  or  perfons  within  this  territory,  mail  ori  fetti°s   UP 

i .  r    ,     .  J         i  gaming  ta- 

his,  her  or  their  own  acccount,  or  on  the  ac-  bies,  &c. 
count  of  ariy  other  perfon  or  perfons,  publickly 
fet  up,  permit,  or  fuffer,  or  caufe  or  procure  to 
be  publickly  fet  up,  permitted  or  fuffered,,  any 
fpecies  of  gaming,  play  or  paftime  whatever, 
whereby  money  or  other  property  mall  be  bet-, 
ted,  won  or  loft,  or  by  reafbn  whereof  the  par- 
ty  fo  publickly  permitting  the  fame,  mall  or 
may  derive  any  benefit  or  advantage,  in  money, 
goods  or  other  property,  as  a  conlideration  for 
permilfion  to  play  or  bett  thereat,  each  and 
every  fuch  perfon  fo  offending  mail  forfeit  and 
pay  for  every  fuch  offence  of  which  he  or  me 
mall  be  convicted,  the  fum  of  two  hundred  dol 
lars,  to  be  recovered  with  cofts,  by  information, 
.indictment,  or  action  of  debt,  in  any  court  of 
record  where  the  fame  mall  be  cognizable. 

Sec.  2.  Arid  be  It  further  enacted,  That  if  any 
Cavern-keeper  or  inn-keeper  fliall  expofe,  per 
mit  or  iuffer  to  be  played  at,  in  his  or  her  dwel- 
ling-houfe,  or  in  any  out-houfe,  or  within  or 
under  any  booth,  arbour,  fhed  or  other  place 
pertaining  to  fuch  dwelling-houfe,  or  being  in 
his  or  her  tenure  or  poffeffion,  any  billiard, 
'faro,  E.  O.  hazard,  or  other  gaming  tables,  or 
any  other  machine,  inftrument,  device,  or  in 
vention  whatfoever,  by  reafon  whereof  money 
or  other  property  mall  be  betted,  won  or  loft, 
or  whereby  he  or  (he  {hall  derive  any  benefit  or 
advantage,  in  money  or  other  property,  as  a 
confideratiott  for  permitting  others  to  play  or 


(        40         ) 

bett  thereat.  Then,  and  in  every  fuch  cafe, 
the  party  fo  offending  fhall  be  deprived  of  his 
or  her  licenfe,  and  moreover  forfeit  and  pay  to 
the  ufe  of  the  territory,  the  fum  of  one  hundred 
dollars,  to  be  recovered  with  cofts,  by  informa 
tion,  indictment,  or  action  of  debt  in  any  court 
of  record  where  the  fame  fhall  be  cognizable. 
Provided  always ,  That  where  in  any  of  the  cafes 
af°refa*d,  anv  perfon  fhall  within  three  months 
from  the  caufe  of  action,  firft  inflitute  an  infor 
mation,  quitam,  or  bring  an  original  action  of 
debt  to  recover  either  of  the  penalties  herein 
before  given,  and  fhall  profecute  the  fame  to 
effect,  without  delay  or  difcontinuance,  fuch 
perfon  fhall  be  intitled  to  receive  and  have  a 
moiety  of  fuch  penalty,  the  other  moiety  there* 
of  fhall  go  to  the  ufe  of  this  territory. 

Notes,  &c.  Sec.  3.  And  be  it  further  ena^led^  That  every 
Son!y  won  promife,  agreement,  note,  bill,  bond,  or  other 
at  card$»  contract  to  pay,  deliver  or  fecure  money,  goods, 
*c*  or  eftate,  won  or  obtained,  either  by  playing  at 

cards,  dice- tables,  tennis-bowls,  or  other  games, 
chances,  fports,  or  paflimes,  or  by  laying  or 
betting,  on  the  hands,  or  fides  of  any  perfon  of 
party,  who  fhall  play  at  fuch  or  any  other  games, 
chances,  fports,  or  paflimes,  or  which  fhall  be 
won  or  obtained,  by  laying  or  betting  on  any 
horfe-race,  cock-fight,  or  other  fport,  pa/lime, 
game,  or  exercife  of  fkill  or  ihance,  or  which  is 
intended  to  repay  or  fecure  money  or  other 
thing  lent  or  advanced  for  any  of  the  purpofes 
aforefaid,  or  lent  or  advanced  at  the  time  of  fuch 
gaming,  fporting,  or  betting,  to  a  perfon  then 
actually  betting,  laying,  or  adventuring  money 
or  other  thing,  fhall  and  the  fame  is  and  are 
hereby  declared  to  be  null  and  void.  And 
and  any  conveyance  or  leafe  of  lands,  tenements, 
a?"  or  hereditaments,  fold,  demifed,  or  mortgaged, 
and  any  fale,  mortgage  or  other  transfer  of  per* 


fonal  eftate,  to  any  perfon  for  his  ufe,  to  fatisfy  for  money 
or  fecure  money  or  other  thing  by  him  won  of,  won 
or  lent,  or  advanced  to  the  fellor,  leflbr,  or 
mortgagor,  or  whereof  money  or  other  thing, 
fo  won  or  lent,  or  advanced,  ma-l  be  part,  or  all 
of  the  confideration  money,  (hall  enure  to  the 
heir  or  heirs  of  fuch  mortgagor,  leflbr,  bargain- 
or  or  vendor,  and  mall  veil  the  whole  eftate  and  leflbr,  &c. 
intereft  in  fuch  perfon,  in  the  lands,  tenements 
or  hereditaments  fo  leafed,,  mortgaged,  bar 
gained  or  fold,  and  in  the  perfonal  eftate  fo  fold, 
mortgaged  or  other  wife  transferred  to  all  intents, 
and  purpofes,  in  the  heir  or  heirs  of  fuch  leflbr, 
bargainor,  mortgagor  or  vendor,  as  if  fuch 
leflbr,  bargainor,  mortgagor  or  vendor  had 
died  inteflate. 

Provided  always  neverthelefs,  That  nothing  fo  TKJS 
far  in  this  aft  contained,  mall  be  deemed  or  not  toim 
conftrued  to  reftrain  or  impair  the  natural  and 
neceflary  liberty  which  all  goods  citizens,  or 
fubjects  without  diftinclion,  may  of  right  claim  &c* 
and  enjoy  in  the  peaceable  exercife  of  any  ufe- 
ful  or  rational  amufement,  recreation,  fport  or 
paftime,  whether  the  fame  be  ufed  to  promote 
health,  pleafure,  or  a  laudable  emulation  to  ex 
cel  in  feats  of  (kill,  flrength,   adroitnefs,  or 
otherwife  howfoever.     Provided,  That  neither 
money  nor  other  property  be  betted,  won  or 
loft  thereby,  "nor  any  confideration  of  money 
or  other  property  be  taken  or  given  for  or  by 
reafon  of  the  fame. 

And  whereas  a  diforderly  practice  prevails 
in  many  parts  of  this  territory  of  difcharging 
fire  arms  in  the  ftreets  and  vicinity  of  cities, 
towns,  villages  and  ftations,  and  alfo^f  dif 
charging  fire-arms  by  night  in  and  near  fuch 
cities,  towns,  villages  and  ftations,  by  means 
whereof  the  lives  of  citizens  are  endangered, 


(         42         ) 

alarms  are  excited,    and  the  repofe  and  peace 
of  the  community  difturbed. 

For  remedy  of  which  abufes, 

toan£      Sec*  4-    Be  i*  cna^ed,    That  if  any  perfon 
fhall  prefume   to   difcharge   or  fire,   or  caufe 
^j"  cer-  to  be  difchareed  or  fired,  any  gun  or  other 

taindiilance   ~  i  i  .    A 

of  a  houfc,  nre  artns  at  any  mark  or  object:,  or  upon  any 
pretence  whatever,  unlefs  he  or  (he  (hall  at  the 
lame  time  be  with  fuch  gun  or  fire-arms  at  the 
diftance  of  at  leafi  one  quarter  of  a  mile  from 
the  neareft  building  of  any  fuch  city,  town, 
village  or  ftation,  fuch  perfon  fhall  for  every 
fuch  offence,  forfeit  and  pay  to  the  ufe  of  the 

wider  what  county  in  which  the  fame  fhall  be  committed, 
a  fum  not  exceeding  five  dollars,  nor  lefs  than 

con*  to  be  one  dollar.  And  if  any  perfon  being  within  a 
quarter  of  a  mile  of  any  city,  town,  village  or 
flation  as  aforefaid,  fhall  at  the  fame  time  wil 
ful]  y  di fcharge  or  fire  any  gun  or  fire-arms,  or 
cauie  or  procure  the  fame  to  be  difcharged  or 
fired,  at  any  time  after  the  fetting  of  the  fun 
"f-  and  before  the  rifing  of  the  fame,  he  or  me  fo 

ter  fun  fet,  offending,  fhall  in  like  manner  forfeit  and  pay 
to  l^e  u^e  aforefaid,  a  fum  not  exceeding  five 
dollars,  nor  lefs  than  one  dollar  ;  referving  ne- 
verthelefs  to  any  perfon  who  will  inform,  and 
fue  for  either  of  the  penalties  hereinbefore  laft 
mentioned  within  one  month  from  the  com- 
million  of  the  offence,  a  moiety  of  the  penalty 
which  the  party  offending  fhall  or.  convi&ion 
be  adjudged  to  forfeit  and  pay,  the  other  moie 
ty  thereof  to  go  to  the  ufe  of  the  county  as 
aforefaid  ;  which  faid  feve^al  penalties,  or 
either  of  them,  fhall  be  recoverable  with  cofts, 
before  any  juflice,  judge,  or  court  having  cog 
nizance  of  the  fame. 

Provided  always,  That  nothing  herein  con 
tained  fhall  be  deemed  or  confliued  to  extend 


(        43        ) 

to  any  pcrfon  lawfully  ufmg  fire-arms  as  of-  ^ght  to 
fenfive  or  defenfive  weapons,  in  annoying,  or  uicarms 
oppofmg  a  common  enemy,  or  defending  his  law    yj 
or  her  perfon   or  property,  or  the  perfon  or 
property  of  any  other,  againft  the  invafion  or 
depredations  of  an  enemy,  or  in  the  fupport 
of  the   laws  and  government  j  or  againll  the 
attacks  of  rebels,  highwaymen, robbers,  thieves, 
or  others  unlawfully  aflailing  him  or  her,  or 
in  any  other  manner  where  fuch  oppofition, 
defence,  br  refiflance  is  allowed  by  the  law  of 
the  land. 

Provided  alfo,  That  nothing  herein  con-  »n  military 
tained  mall  be  conflrued  or  extend  to  prevent  c' 
the  neceflary  military  exercife,  evolutions  and 
firings  of,  or  the  difcharging  of  cannon  or 
fmall  arms,  by  any  foldiers  or  troops  in  the 
fervice  of  the  United  States,  or  of  this  terri 
tory,  being  in  the  field,  or  polled  in  or  near 
any  city,  town,  village,  flation,  garrifon,  fort, 
encampment  or  other  place,  a,nd  acting  under 
the  immediate  orders^  or  by  the  fpecial  direc 
tion  of  the  officer  commanding  the  fame.  Nor  or  in  killing 
mail  any  thing  herein  contained  be  intended  j/ 
or  conftrued  to  extend  to  the  act  of  killing  or  ed. 
deflroying  birds  of  prey,  or  other  wild  birds, 
and  mad  or  wild  animals  of  the  brute  kind 
lurking  among,  in  or  near,  or  preying  upon 
or  threatening  to  prey  upon  and  devour  any 
kind  of  animal  flock,  or  the  corn,  grain,  and 
other  produce  in,  of  or  belonging  to  any  plan 
tation,  field,  garden,  or  other  place  within, 
adjoining,  or  in  the  vicinity  of  any  city,  town, 
village  or  flation  :  nor  to  the  hindrance  of 
any  perfon  mooting  at  or  killing  any  of  the 
larger  kind  of  game  or  wild  animals,  fuch  as 
buffaloes,  bears,  deer,  hares,  rabbits,  turkies, 
fwans,  geefe  that  may  happen  at  any  time  to 
come  in  view,  or  be  pafling  or  feeding  near  any 


(         44         ) 

in  whatdi-  c*ty>  town,  or  other  place  as  aforefaid :  but 
r«aion  every  perfon  (hooting  at  any  of  fuch  game  is 
same  may  nereby  required  to  difchargethe  ball,  or  balls, 
{hot,  or  mimle  weapon  fo  employed  in  a  direc 
tion  from  fuch  city,  town,  village,  or  ftation 
towards  the  country  fo  as  fuch  ball  or  l^alls, 
mimle  weapon,  or  fhot,  (hall  pafs  by  cor  from, 
and  go  clear  of  the  buildings  pertaining  to  the 
fame. 

of  Sec.  5.  And  be  it  further  ena&ed,t  That  as 
well  the  prefiding  judge  in  the  general  court, 
as  the  prefiding  judge  or  juftice  in  each  and 
every  inferior  court  of  law,  in  this  territory 
(hall  feverally  and  from  time  to  time  give 
this  a£t  in  charge  to  the  grand  juries  of  fuch 
courts  refpeftively  whenever  fuch  grand  juries 
fhall  be  fworn. 

This  act  to  commence  and  be  in  force  from 
after  the  firft  day  of  January  next. 

WINTHROP  SARGENT* 
JOHN  C.  SYMMES. 
G.  TURNER. 


CHAPTER     XIV. 

Art  ACT  to  alter  the  Terms  of  the  General  Court,  pa/id 
at  Cincinnati  in  the  county  of  Hamilton  and  territory  of 
the  United  States  north -tuejl  of  the  river  Ohio,  by  his  Ex 
cellency  Arthur  St.  Clair,  Efquirt,  Governor  and  Com 
mander  in  Chief  in  and  over  the  Territory,  and  the  Ho 
nourable  John  Cleves  Symmes  and  George  Turner, 
Ef quires,  Judges  in  and  over  the  fame,  on  the  fourth  day 
of  November  in  the  year  of  our  Lord  one  thoitfand  feven 
hundred  and  ninety. 

When  and  Sec.  I.  TTJ  E  it  enabled  and  it  is  hereby  enabled, 

where     the  j[)     That  from  and  after  the  firft  foy  Q£ 

terms  of  ge-   T  » 

nerai  court  January  next,  the  ieveral  terras  of  the  general 

ftalibe       court  for  the  territory  north-weft  of  the  river 

Ohio  fhall  be  held  in  the  following  manner,  viz.. 


(        45        ) 

In  the  county  of  Knox  on  the  firft  Tuefday  in 
May  yearly  and  every  year.  In  the  county  of 
St.  Glair  on  the  fecond  Tuefday  in  June  yearly 
and  every  year.  In  the  county  of  Hamilton  the 
firft  JTuefday  in  October  yearly  and  every  year. 
And  in  the  county  of  Wafhington  on  the  fecond 
Tuefday  in  November  yearly  and  every  year. 

Sec.   2.   And  be  it  further  enabled.  That  fo  Certain 
much  of  the  ftatute  laws  of  the  territory  as  are  ^&\w 
repugnant  to  the  fpirit  of  this  act  be  and  are  repealed, 
hereby  repealed. 

AR.  ST.  GLAIR. 

JOHN  CLEVES  SYMMES. 

G.  TURNER. 


CHAPTER     XV. 

An  ACT  to  augment  the  Terms  of  the  County  Courts  of 
Common  Pleas  from  two  to  four  term,.1;  in  the  year,  and  to 
increafe  the  number  of  Judges  of  the  faid  Court,  and  alfo 
of  the  jfujlices  of  the  Quorum  in  thefeveral  counties  :  Paff- 
ed  at  Cincinnati  in  the  county  of  Hamilton,  thefixth  day  of 
November  in  the  year  of  our  Lord  one  thoufand  feven  hun 
dred  and  ninety,  by  his  Excellency  Arthur  St.  Clair, 
Efquire,  Major -General  in  the  late  armies  of  the  United 
States,  and  'Governor  and  Commander  ix  Chief  of  the 
Territory  of  the  United  States  north-wtji  of  the  river  Ohio, 
and  the  Honourable  John  Cleves  Symmes  and  George 
Turner,  Lfquires,  Judges  in  and  over  the  faid  territory. 

WHEREAS  the  fittings  of  the  county 
court  of  common  pleas  m  the  feveral 
counties  of  this  territory,  have  hitherto  been 
limited  to  two  terms  only  in  a  year,  and  which 
on  experience  hath  been  found  to  create  <nreat 
delays  in  the  adminiftration  of  jnftice,  aivd  the 
profecution  of  fuits  to  effecl;. 

Sec.  i.  Be  it  therefore  enaEled^  That  from  and  Four  term* 
after  the  publication  of  this  aft, four  terms  of  the  ^ 
county  court  of  common  pleas  (hall  be  held  by  held ; 
the  judges  of  the  faid  court  in  each   and  every 


commenc 


and  county  rcfpe&ively  (that  is  to  fay)  thofe  for  the 
to  county  of  Wafhington  fhall  be  held  on  the 
;  third  Tuefdays  in  March  and  June,  and  the 
fir  ft  Tuefdays  in  September  and  December 
yearly  and  every  year.  Thofe  for  the  county 
of  Hamilton,  on  the  firft  Tuefday:  in  February, 
May,  Augufl:  and  November,  yearly  and  every 
year.  Thofe  for  the  county  of  St.  Clair  to  be 
held  as  followeth  (to  wit)  in  the  diftrict  of  Kaf- 
kafkias  on  the  firfc  Tuefdays  of  January,  March, 
June  and  Auguft  ;  thofe  for  the  diftrift  of  Ca- 
hokia  on  the  nrft  Tuefdays  of  February,  April, 
July  and  October  ;  and  thofe  for  the  diftricl:  of 
Prairie  du  Rocher,  on  the  firft  Tuefdays  of  May, 
Augufl,  November  and  February,  yearly  and 
every  year.  And  thofe  for  the  county  of  Knox 
en  the  fir  ft  Tuefdays  in  February,  May,  Augufl: 
and  November,  yearly  and  every  year. 

And  whenever  the  governor  of  this  territory 
mall  hereafter  think  proper  to  eredt,  or  fett  off 
^Y  new  county  or  counties  in  the  fame,  he  is 
new  coun-  hereby  authorized  and  empowered  to  afcertain, 
fpecify  and  publifh  by  proclamation,  on  what 
certain  days  in  the  year,  and  the  place  or  pla 
ces,  in  fuch  new  county  or  counties  where  the 
faid  county  courts  of  common  pleas,  and  alfo 
the  courts  of  general  quarter  feflions  of  the 
peace,  mail  feverally  and  refpeclively  be  opened 
and  held  in  each  and  every  year. 

And  whereas  it  appears  that  the  number,  as 
limited  by  law,  of  judges  of  the  feveral  county 
courts  of  common  pleas  is  too  fmall  for  the  due 
adminiftration  of  juftice. 

Sec.  2.  Be  it  therefore  enacled,  That  the  go- 
vernour  and  commander  in  chief  of  the  territo 
ry  for  the  time  being  is  hereby  authorized  and 
empowered  to  nominate  and  commimon  in  the 
feveral  counties  already  erected,  or  \vhich  may 


(        47         ) 

hereafter  be  ere&ed  in  the  territory,  any  num- 
ber  of  perfons  as  judges  of  the  county  court  of  ™0aty*Pmore 
common  pleas,    not  lefs  than  three  nor  more  than 
than  feven  in  each  and  every  county.     And  the 
governour  is   hereby  further  authorized  and  ty. 
empowered  to  increale  thejufticesof  the  quorum 
in  the  feveral  counties  of  the  territory  to  any 
number  not  exceeding  nine  in  each  and  every 
county  thereof. 

Sec.  3.  And  be  it  further  enatfect,  That  fo 
much  and  fuch  parts  of  the  ftatute  laws  as  have 
been  heretofore  publifhed  in  the  territory,  and  repealed. 
are  repugnant  to  the  principles  and  fpirit  of 
this  a£t  mall  be  and  the  fame  are  hereby  re 
pealed, 

AR.  ST.  GLAIR, 
JOHN  CLEVES  SYMMES. 
G.  TURNER. 


C  K  A  P  T  E  ft.     XVI. 

dn  ACT  to  authorize  and  require  the  Courts  of  General  Quar 
ter  Sejions  of  the  Peace,  to  divide  the  Counties  into  Tozan- 
Jhips  and  to  alter  the  boundaries  of  the  fame  when  ntctffary^ 
and.  alfo  to  appoint  Con/tables,  Overfeers  of  the  Poor,  and 
Clerks  of  the  Town/hips,  and  for  other  purpofes  therein 
mentioned.  Faffed  at  Cincinnati  in  the  county  of  Hamil 
ton,  thefixthday  of  November,  in  the  year  of  our  Lord 
one  thouj and  feven  hundred  and  ninety,  by  his  Excellency 
Arthur^  St.  Clair,  Efquire,  Major  General  in  the  late • 
armies  of  the  United  States,  and  Governor  and  Commander 
in  Chief  of  *hc  Territory  of  the  United  States  norlh-wtjt 
of  the  river  Ohio,  and  the  honourable  John  Cleves 
Symmes  and  George  Turner,  Efquircs,  Judges  in  and 
over  the  Territory  of  or  ef aid. 

Sec.   i.  T>  E  //  enafled,  That  as  foon  as  may 

.  JU>  be  after  the  publication  of  this  sen- 
aft,  the  juftices  of  the  court  of  general  quarter  rife  tte 
feffions  of  the  peace   in    the  feveral  counties 
within  this  territory, mail  in  their  feflions  refpec- 
lively,  proceed  to  divide  the  faid  counties  into 


to 


(          48          ) 

townfhips,  afligning  to  fuch  townfhips  refpec- 
tively  fuch  limits  and  bounds,  natural  or  ima 
ginary  as  {hall  appear  to  be  mod  proper,  hav 
ing  due  regard  to  the  extent  of  country,  and 
number  of  inhabitants  refiding  within  the 
fame;  and  the  faid  townfhips  or  any  of  them 
to  fubdivide  from  time  to  time  whenever  the 
intereft  and  convenience  of  the  inhabitants 
thereof  may  feem  to  require  it.  And  the  juf- 
tices  in  feilion  as  aforefaid  mail  caufe  their 
clerk  of  the  court  to  enter  of  record  on  the 
docket  of  the  fame  court  the  particular  time 
when  each  town/hip  is  fet  off  and  the  fpecinc 
boundaries  amgned  thereto. 

^ec*  2*  ^-n^  ^e  **  wafted*,  That  the  faid  juf- 
tices  in  feflion  in  each  and  every  county  mail 

conftableg  ;  refpe&rvely  nominate  and  appoint  annually  in 
every  townfhip  within  their  county,  one  or  more 
constables,  each  of  whom  ihall  continue  toferve 
as  a  conftable  of  the  townfhip  fpccially,  and  as  a 
conftable  of  the  county  generally  for  the  term  of 

their  duty.   one  ^ear  next  enfujng  his  appointment;     and 

his  power  and  duty  (hall  be  to  ferve  all  fuch 
fummonfes,  warrants,  fubpoenas,  mittimuffes, 
and  other  lawful  precepts,  as  fhall  be  directed 
to  him  fpecially,  or  to  him  generally  with  the 
others,  or  any  conftable  of  the  county,  and  be 
put  into  his  hand  for  the  purpofe  of  fervice. 
And  generally  to  do  and  perform  all  duties  and 
fervices  incumbent  on  him  as  an  officer  of  the 
townmip  or  county,  or  of  the  feveral  courts  of 
law,  and  juftice  which  may  from  time  to  time 
be  appointed  and  held  in  the  county  for  which 
he  may  be  a  conflable  ;  and  furthermore  to  do 
all  and  angular  the  duties  now  or  hereafter  to 
be  enjoined  by  law. 

And  every  pcrfon  accepting  the  office  of  con 
ftable  mall  before  he  enters  on  the  duties  thereof 


(         49         ) 

take  the  following  oath  before  the  court  of  ge. 
neral  quarter  feflions,  or  (in  the  vacation  there 
of)  before  a  juftice  of  the  peace,  who  fhall  en 
ter  the  fame  on  his  docket,  that  is  to  fay,  "  I, 
A  B,  do  folemnly  and  fmcerely  fwear  that  I  Oath* 
will  faithfully  and  truly  do  my  duty  as  a  con- 
ftable  of  the  county  of  C.  and  impartially 
demean  myfelf  in  office,  according  to  my 
beft  underftanding.  So  help  me  God."  And 
where  any  perfon  accepting  fuch  office  of  con- 
llable  (hall  declare  himfelf  confcientioufly  fcru- 
pulous  againft  taking  an  oath,  then  the  follow 
ing  affirmation  fhall  in  like  manner  be  admini- 
ftered  inflead  thereof,  that  is  to  fay,  "  I,  A  B, 
do  folemnly,  fmcerely  and  truly  declare  and  af 
firm  that  I  will  faithfully  and  truly  do  my  du 
ty  as  a  conftable  of  the  county  of  C.  and  im 
partially  demean  myfelf  in  office,  according 
to  my  beft  underftanding,"  which  affirmation 
fhall  be  entered  on  the  docket  of  the  juftice 
adminiftering  the  fame. 

Sec.  3.  And  be  it  further  enatted.  That  the  juftices  to 
faid  iuftices  iri  feffion  in  their  refpedive  coun-  aPP°jnt 

Jn  ,,  .  overfeers  of 

ties,  fhall  annually  appoint  one  or  more  over-  the  poor; 
feerc  of  the  poor  in  each  and  every  townfhip  of 
the  county,  to  ferve  for  the  term  of  one  whole 
year,  and  it  fhall  be  the  duty  of  every  fuch  over- their  uty* 
feer  to  make  report  to  any  juftice  of  the  peace 
in  and  for  the  county,  of  all  vagrant  perfons 
likely  to  become  chargeable  to  the  townfhip 
for  which  he  is  appointed  overfeer,  and  alfo  to 
take  notice  of  all  the  poor  and  diftreffed  fami 
lies  and  perfons  refiding  in  his  proper  townfhip, 
and  enquire  into  the  means  by  which  they  are 
fupported  and  maintained.  And  whenever  he 
fhall  difcover  any  perfon  or  family  really  fuffer- 
ing  through  poverty,  ficknefs,  accident,  or  any 
misfortune  or  inability,  which  may  render  him, 
her,  or  them  a  wretched  and  proper  obj  eel;  of  pub- 


(        5°        ) 

lie  chanty,  it  fhall  be  his  duty,. and  he  is  hereby 
overfcers  of  ftriftly  enjoined  to  give  immediate  information 
the  poor  :  tnereof  to  a  juftice  of  the  peace,  acting  in  ax.d 
for  the  fame  county,  that  legal  means  may  be 
then  taken  by  fuch  juftice  to  afford  the  perfon 
or  perfons  fo  fuffering  proper  and  feafonable 
relief.  And  every  overfeer  of  the  poor  ap- 
oath.  pointed' as  aforefaid  fhall  take  the  fame  oath 
or  affirmation  according  to  his  confeience,  to 
be  adminiflered  and  entered  by  the  fame  au 
thority,  and  in  the  fame  manner  as  is  prefcrib- 
ed  in  this  ac~t  for  a  conflable,  changing  only 
the  words  "  a  conflable,"  to  the  words  "  an 
overfeer  of  the  poor,"  and  the  word  "  coun 
ty,"  to  that  of  "  townfhip." 

Juftlces  to  Sec.  4.  And  be  it  further  enafied.  That  the 
2^°^^.  ju  ft  ices  in  feflion  as  aforefaid  fhall  appoint  in 
theirdutj.  each  townfhip  throughout  the  feveral  counties 
refpedively,  a  clerk  of  the  townfhip  during 
good  behaviour,  whofe  duty  it  fhall  be  to  keep 
a  fair  book  of  entries,  containing  the  particular 
marks  and  brands  aflumed  for  diflinguiihing 
the  horfes,  cattle,  hogs,  or  other  beafls  of  fuch 
inhabitants  of  the  townfhip  as  may  choofe  to, 
be  at  the  expenfe  of  thus  regiflering  the  fame, 
and  the  name  and  particular  place  of  abode  of 
every  fuch  inhabitant  fhall  at  the  fame  time  be 
entered  therein.  And  for  every  mark  or  brand 
fo  regiflered,  the  clerk  of  the  townfhip  fhall 
be  entitled  to  demand  and  receive  of  the  per. 
fon  employing  him  the  fum  of  one  quarter  of  a 
dollar,and  no  more.  And  that  it  may  be  readily 
known  to  what  particular  townfhip  eflrays  be 
long,  the  juftices  infeflionas  aforefaid  ihall  aflign 
to  each  and  every  townfhip  a  diftindl  letter  of  the 
alphabet  to  be  taken  and  ufed,  as  the  peculiar 
and  general  brand  of  the  fame  townfhip  by  all 
the  inhabitants  thereof,  who  fhall  caufe  the 
form  of  fuch  letter  to  be  imprefled  upon  one 


(     5'     ; 

or  both  of  the  horns  of  every  bull,  cow,  and  Duty  of 
ox,  and  upon  one  or  both  of  the  fhoulders  of towndel>k* 
every  horfe,  mare  and  colt,  to  fuch  inhabitants 
refpectively  belonging-  And  mofever  the 
clerk  of  the  townfhip  (hall  keep  another  book 
in  which  he  fhall  enter  from  time  to  time  every 
eftray  that  may  be  reported  to  him  for  that 
purpofe,  defcribing  the  natural  and  artificial 
marks,  as  well  as  the  colour,  fex,  age,  and  fta- 
ture  of  every  fuch  eftray,  as  far  as  the  fame 
(hall  come  to  his  knowledge,  together  with  the 
name  of  the  perfon  taking  up  fuch  eftray,  and 
where  it  may  be  found.  And  for  every  eftray 
fo  entered  by  the  clerk  he  fhall  be  entitled  to 
demand  and  receive  of  the  perfon  at  whofe  in- 
flance  fuch  entry  was  made,  the  fum  of  half  a 
dollar  and  no  more,  and  thereupon  it  fhall  be 
the  further  duty  of  fuch  clerk,  to  make  out  in 
writing  as  foon  aswmay  be  afterwards  two  or 
more  fair  and  legible  copies  of  an  advertife- 
ment  defcribing  fuch  eftray  as  entered  in  his 
faid  book,  and  informing  when  and  where  the 
fame  was  taken  up,  and  where  it  may  be  found, 
one  of  which  copies  fhall  be  put  up  in,  fonte 
confpicuous  part  of  his  dwelling  houfe,  and  the 
other  copy  thereof  he  fhall  caufe  to  be  put  up 
in  fome  confpicuous  part  of  the  town,  or  place 
where  the  courts  of  juftice  are  ufually  held  in 
and  for  the  fame  county. 

Sec.  5.  And  be  it  further  enatted,  That  if  Duty  of 
any  perfon  or  perfons  fhall  take  up  any  eftray  peribns  in 
within  the  meaning  of  this  aft,  and  fhall  not 
within  feven  days  thereafter  give  or  fend  no- 
tice  thereof  to  the  then  neareft  clerk  of  the 
townfhip,   particularly  defcribing  fuch  eftray, 
with  the  time  and  place  when  and  where  the 
fame  was  fo  taken  up  and  where  it  is  to  be 
found,  he,  (he  or  they  fo  offending  fhall  for- 
H 


(         5*         ) 

penalty  for  feit  and  pay  to  the  party  informing  the  fum 
thfreof  °f  e*&kt  dollars,  to  be  recovered  with  cods 
before  any  judge  of  the  county  court  of  com 
mon  pleas,  and  moreover  fhall  be  liable  to  the 
action  of  the  proper  owner  of  fuch  eftray,  and 
upon  conviction  mall  pay  double  damages,  any 
thing  in  this  or  any  other  act  of  the  territory 
contained  to  the  contrary  notwithflanding. 

AR.   ST.  CLAIR. 

JOHN  CLEVES  SYMMES. 

G.   TURNER. 


COPY  of  the  Laws  paffed  in  the   Territory 
of  the  United  States  north-weft  of   the 
River  Ohio,  from  January  the  ift, 
1791,  to  the  3ijfl:  of  De 
cember,  inclusive. 


CHAPTER     XVII. 

An  ACT  fupplementary  to  a  law,  entitled,  "  A  law  refpeft- 
ing  crimes  and  punijhments',  publi/hed  at  Marietta  the 
Jixth  day  of  September  in  the  year  of  our  lord  one  thoufand 
Jeven  hundred  and  eighty -eight ."  Paffed  at  Cincinnati 
in  the.  county  of  Hamilton,  the  twenty-fecond  day  of  June, 
in  the  year  of  our  lord  one  ihoufandf even  hundred  and  nine 
ty-one,  by  his  Excellency  Arthur  St. C\a.\r,Ef quire,  major- 
general  in  the  fervice  of  the  United  States,  and  Governour 
and  Commander  in  Chief  of  their  Territory  north-weft  of 
the  river  Ohio,  and  the  Honourable  John  Cleves  Symmes 
and  George  Turner,  Ef quires,  Judges  in  -and  over  the 
fame. 

Perfon*       T)  E  it  enacted.  That  if  any  perfon  or  per- 

Ijrtbt'k'in"-  JC^fons  ft*11  knowingly  and  defignedly,by  any 

ing  goods,  falfe   pretence  or   pretences,  obtain  from  any 

*c«  other  perfon  or  perfons  any  monies,  goods  or 

merchandize,  or  other  effects  whatfoever,  with 

intent  to  cheat  or  defraud  fuch  perfon  or  per- 


v        53        ) 

ions  of  the  fame,  he,  fhe  or  they,  fo  offending  how   pun. 
mall,  on  conviction  thereof  by  verdict  or  con- l 
feffion  on    indictment   fuffer   fuch  punifliment 
as  in  cafes  of  larceny  is  provided  to  be  inflicted 
by  the  aforefaid  law  pafled  at  Marietta  ;    any 
thing  in  this  or  any  other  law  to  the  contrary 
notwithstanding.     This  act  to  commence  and 
be  in  force  on,  from  and  after  the-firfl  day  of 
January  next  enfuing  its  date, 

AR.  ST.  CLAI*. 

JOHN  CJLEVES  SYMME.S. 

G.  TURNER. 


CHAPTER     XVIII. 

An  ACT/or  tJu  punijkmtvt  (f  perfons  tcariji*  of  defacing 
pulUcdtt^njfet  up  by  authority.  Faffed  at  Cincinnati 
in  the  county  of  Hamilton,  the  twenty -jtcoiul  da)  cf  June, 
in  the  f^.r  .f  mr  Lord  one.  tJioufand  feven  hundred  and 
nuietj-one,  by  his  JLxcdlcncy  Arthur  St.  Clair,  Efquire, 
major -general  in  the  fo  cue  of  the  United  States,  and  Go-* 
venour  and  Commander  in  Chief  of  their  Territory  nortJi~ 
weft  of  the  river  Ohio,  and  the  Honourable  John  Clevcs 
Symmes,  and  George  Turner,  J^Ki/tr,  Jiulges  in  and 
over  the  fame. 

Sec.  I.   "tj  E  /'/  wafted^  That  if  from  and  af-  perfong 

Jj  ter  the  publication  of  this  aft  in 
the  feveral  counties  refpedively  within  this 
territory,  any  perfon  or  perfons  fhall  wilfully  public 
and  malicioufly  deface,  obliterate,  tear  down,  Pofted 
or  deftroy,  in  part  or  in  whole,  any  copy  or 
tranfcript  of,  or  extract  from,  any  act  or  law 
pafled  by  the  legiflature  of  this  territory,  or  by 
the  legiflative  authority  of  the  United  States, 
or  proclamation  of  the  Prefident  of  the  United 
States,  or  of  the  governour  and  commander  in 
chief  of  this  territory,  the  fame  being  officially 
fixed  up  in  fome  conipicuous  place  by  public 
authority  for  general  information  ;  every  per 
fon  fo  offending  lhall  on  conviction  before  a 


(        54        ) 

pun-  magiftrate  forfeit  and  pay  to  the  ufe  of  the 
jfhed.  territory,  for  every  fuch  offence,  a  fum  not  ex 
ceeding  three  dollars,  befides  cofts,  or  be  fet 
in  th£  ftocks  at  the  difcretion  of  fuch  magif- 
trate,  for  a  fpace  not  exceeding  three  hours  : 
or  in  cafe  the  offender  fhall  be  unable  or  re- 
fufe  to  pay  fuch  fine  (he  being  fined)  then  he 
Jhall  be  fet  in  the  ftocks  for  a  fpace  not  ex 
ceeding  three  hours,  and  be  afterwards  dif- 
.charged  on  paying  cofts  only. 

terfons          ^ec*  2*  ^nc^  ^e  lt  farther  enafted9  That  if, 
tearing       as  aforefaid,  any  perfon  mall  wilfully  and  ma- 
down  upb- •  licioufly  deface,  obliterate,  tear  down,  or  de- 
bann°ns  of  ^^^  in  part  or  in  whole,  any  publication  of 
matrimony,  the  banns  of  matrimony  or  advertisement  re- 
fpeding  eftrays,  or  any  other  notification  fet 
up  in  purfuance  of  any  acl:  or  law  now  or 
which   hereafter  may  be  in  force  within  this 
territory,  fuch   offender   (hall   for    every  fuch 
pun-  Og-ence  Of  which  he  maybe  convicted,  as  afore 
faid,  be  fet  in  the  ftocks  for  three  hours  and 
pay  cofts,  or  ftand  committed  to  prifon  till  the 
fame  are  paid  :  any  thing  in  this  or  any  other 
aft  or  law  to  the  contrary  notwithftanding. 
ARTHUR  ST.  CLAIR, 
JOHN  CLEVES  SYMMES, 
G.  TURNER. 


(      55      ) 
CHAPTER     XIX. 

An  ACT  creating  the  office  of  Clerk  of  the  Legijlaturt,  pa/e$ 
at  Cincinnati  in  the  county  of  Hamilton,  the  twenty -fecond 
day  of  June  in  the  year  of  our  Lord  one  t houf and  f even 
hundred  and  ninety  one,  by  his  Excellency  Arthur  St. 
Clair,  Ef quire,  Major-General  in  the  fer  vice  of  the  United 
States,  and  Governour  and  Commander  in  Chief  of  theit 
territory  north-wejl  of  the  River  Ohio,  and  the  Honourable 
John  Cleves  Symmes,  and  George  Turner,  EfquirtS} 
Judges  in  and  over  the  fame. 

I.  12  E   it  enatted.  That  an  officer  (hall  be  clerk  ofthj 

appointed  andcoramiffioned,  to  hold  leeiflaturl 
during  pleafure,  the  office  of  clerk  of  the  legifla-  Dinted  ^ 
ture  of  the    territory  of  the  United   States 
north-weft  of  the  river  Ohio. 

II.  Before  the  faid  clerk  enters  upon  the  du 
ties  of  his  office,  he  (hall  take  and  fubfcribe  the 
following  oath  (or  affirmation) to  be  adminifter- 
ed  by  a  member  of  the  legiflature  (that  is  to  fay) 

"  I,  A  B,  do  folemnly  fwear  (or  affirm)  that  I  Wl  oath* 
will  execute  to  the  beft  of  my  abilities,  the  du 
ties  which  now  or  hereafter  mall  pertain  to  the 
office  of  clerk  of  the  legiflature  :  So  help  me 
God." 

III.  It  (hall  be  his  fpecial  duty  from  time  to  duty 
time,  to  engrofs  or  caufe  to  be  engrofied,  fair 
ly  and  accurately  in  words  at  length,  all  acts  or 
laws  which  the  faid  legiflature  may  pafs,   in 
order  that  the  fame  may  receive  the  territorial 
feal,  and  the  fignature  of  the  legiflators  pafling 
the  fame. 

IV.  The  faid  clerk  (hall  procure  authentica-  to 

ted  copies  of  the  laws  and  caufe  the  fame  to.be the  lawa' 
publiflied  in  each  and  every  county  and  diftricl: 
of  this  territory   (at  lead  once  in  each  county 
and  diftrict)  for  the  information  of  the  citizens 
throughout  the  fame. 


Doty  of  the      V.  He  fhall  as  foon  as  may  be  after  each  a& 
clerk  of  the  jg  pa{feci  procure  and  furnifh  a  fair,  accurate. 

legiflaturc.          j          i_  r    •  i  r  i_ 

and  authentic  copy  thereof,  to  the  governour 
and  commander  in  chief  of  the  territory  for  the 
time  being,  and  to  each  and  every  of  the  judges 
in  and  over  the  fame,  alfo  a  like  copy  to  the 
county  court  of  common  pleas  in  each  and  eve 
ry  county  and  diftricl: ;  another  copy  to  each 
and  every  of  the  judges  of  probate  j  and  a  co 
py  to  the  court  of  general  quarter  feffions  of 
the  peace  held  in  and  for  each  and  every  county 
and  diftricl:  of  this  territory. 

VI.  He  fhall  difcharge  fuch  other  duties  as 
the  legiflature  may  from  time  to  time  think  ex 
pedient  and  proper. 

VII.  He  fhall  furnifh  to  every  perfon  requir 
ing  it,  certified  copies  of  any  tranfcripts  of  laws 
in  his  pofieflion  j  and  be  entitled  to  demand 
and  receive  for  every  meet  of  one  hundred 
words,  eight  cents,  to  his  proper  ufe  and  bene 
fit. 

VIII.  And  as  a  farther  compenfation  for  his 
official  fervices,  and  all  expenfes  incident  to  the 
office,   the  faid  clerk  fhall  receive  quarterly, 
out  of  the  revenues  of  this  territory  (whenever 
provifion  can  be  made  for  the  fame)  the  fum 
of  eight  cents  for  every  meet  of  one  hundred 
words  which   he  fhall  engrofs,  or  tranfcribe, 
for  any  of  the  public  departments,  or  officers  as 
aforefaid. 

AR.  ST.  CLAJR. 
JOHN  CLEVES  SYMMES. 
GEORGE  TURNER. 


(        57         ) 
CHAPTER    XX. 

An  ACT  for  rendering  authentic  as  evidence  in  the  Courts  of 
this  Territory,  the  public  ads,  records  and  judicial  pro 
ceedings  of  Courts  in  the  United  States.  PaJ/ed  at  Cin» 
cinnati,  in  the  county  of  Hamilton,  the  twenty -fecond  day 
of  June,  in  the  year  of  our  Lord  one  thouj "and  J "even  hun 
dred  and  ninety-one,  by  his  Excellency  Arthur  St.  Clair, 
Ef quire,  major-general  in  the  fcrvice  of  the  United  States, 
and  Governour  and  Commander  in  Cfiief  of  their  Territory 
north-weft  of  the  River  Ohio,  and  the  Honourable  John 
Cleves  Symmes,  And  George  Turner,  Ef^iut-es^  Judges 
in  and  over  the  fame. 

I.  RE/'/  ena£led>  That  every  a&  of  the  legifla-  State    a<a* 
~  ture  of  any  one  of  the  United  States,  JjTJJJ  fcal 
having  the  feal  of  fuch  (late  affixed  thereto,  fhall  deemed  au. 
be  deemed  authentic,  and  receive  full  faith  and  thentic« 
credit  when  offered  in  evidence  in  any  court  of 
juftice  within  this  territory. 

II.  And  the  records  and  judicial  proceedings  Record*  of 
of  the  feveral  courts  ef,  or  within  the  United  ftatecourtfl» 
States,  fhall  be  proved  or  admitted  in  the  courts  be^dmuJd 
of  juftice  in  this  territory,  by  the  atteflation  or  «  Proof' 
certificate  of  the  clerk  or  prothonotary,  and  the 
feal  of  the  court  annexed  ;  together  with  the 
certificate  of  the  chief  juftice,  or  one  or  more 
of  the  judges,  or  of  the  prefixing  magiftrate  of 
every  fuch  court,  as  the  cafe  may  be,  that  the 
perfon  who  figned  fuch  atteftation  or  certificate 
was  af  the  time  of  fubfcribing  it,  the  clerk  or 
prothonotary  of  fuch  court.     And  the  faid  re 
cords  and  judicial  proceedings,  authenticated 
as  aforefaid,  fhall  have  fuch  faith  and  credit 
given  to  them  in  every  court  within  this  ter 
ritory,  as  by  law  or  ufage  they  have  in  the  courts 
of  the  United  States,  or  of  any  one  of  the 
flates  whence  the  faid  records  are  or  fhall  be 
taken  :    Any   thing  in  this  or  any  other  a& 
contained  to  the  contrary  notwithftanding. 

AR.  ST.  CLAIR. 

JOHN  CLEVES  SYMMES. 

G.  TURNER. 


(        58        ) 
CHAPTER     XXL 

Ato  A  C  T  abolifhing  the  DiftinRion  between  the  Crimts  of 
Murder  and  pftit  Treafon.  Pa/ed  at  Cincinnati  in  the 
County  of  Hamilton  the  twenty  feiond  day  of  June  in  the 
year  of  our  Lord  one  thoufandfeven  hundred  and  ninety  one, 
by  his  Excellency  Arthur  St.  Clair,  Efquire,  major  ge 
neral  in  the  fervice  of  the  United  States*  and  Governour 
and  Commander  in  Chief  of  their  Territory  north-wejl  of 
the  river  Ohio,  and  the  honourable  John  Cleves  Symmes 
and  George  Turner,  Efquircs,  jfudgts  in  and  over  the 
fame. 

"HE  RE  AS  it  does  not  appear  reafona- 
ble   any  longer  to  continue  the  dif- 
tin&ion  between  the  crimes  of  murder  and  pe- 
Petit  trea-  tit  treafon,  Be  it  therefore  enafled,  That  from 
fon   to  be  an(j  after.  the  publication  of  this  act,  in  thefc- 
crime*  of     veial  counties  refpe&ively  within  this  territo- 
murdeis.      Tyf  *m  all  cafes  wherein  heretofore  any  perfon 
could  have   been    deemed  or   taken  to  have 
committed    the  crime  of  petit    treafon,    fuch 
perfon    mall    be   deemed   and  taken   to  have 
committed   the  crime   of  murder  only  and  be 
indicted  and  profecuted  to  final  judgment  ac 
cordingly  ;  and  the  fame  punifhment  only  (hall 
be  inflicted  as  in  the  cafe  of  murder,  any  thing 
in  this  or   any  other  aft  or  law  of  the  land  to 
the  contrary  aotwithftanding. 

AR.  ST.  CLAIR. 
JOHN  CLEVES  SYMMFS. 
G.  TURNER. 


atioa 


C        59         ) 
C  H  AFTER     X2II. 

An  ACT  regulating  tht  Enclofures  of  Grounds. 

at  Cincinnati  in  the  county  of  Hamilton,  the  twenty  ninth- 
day  of  jfune  in  the  year  of  our  Lord  one  thousand  Jjvsrf 
hundred  and  ninety  one,  by  his  Excellency  Arthur  Sr. 
Clair,  Efquire,  Major  General  in  thcfcrvicc  of  the  United 
States,  and  GovernoAr  and  Commander  in  Chi?f  of  their 
Territory  north  weft  of  the  river  Ohio, and  the  Honourable 
John  Cleves  Symmes  and  George  Turner,  E/quires, 
Judges  i/i  and  over  the  fame^ 

L    "D  K  //   c/ijfleJ,    That  every  wall    and 

wooden  fence  of  enclofure  and  par.  ofiis 
tition  made  or  hereafter  to  be  made  or  con-  fcoce8,ac. 
ftruded  of  (lone,  brick,  boards,  rails,  palifades, 
or  other  materials  mail  be  at  leail  tour  feet 
and  an  half  in  height  above  the  common  fur- 
face  of  the  earth,  and  where  the  faid  fences 
are  or  (hall  be  made  with  palifades  or  with 
pofls  and  rails,  the  pofts  of,  either  fence  fhall 
be  firmly- fixed  in  the  ground  and  the  pali^tdes 
be  placed  not  more  than  three  inches  apart  and 
where  they  are  or  mall  be  made  with  timber  or 
rails  laid  horizontally  the  pieces  of  timber  and 
rails  compofing  the  fir  ft  two  feet-'  frofti  *the 
earth  fhall  not  be  placed  more  than  four  inches 
apart,  and  the  fecond  two  feet  from  the  earth 
not  more  than  fix  inches  from  each  other ,  nor 
at  greater  diftance  from  the  eanh  tothe*  low- 
ermoft  or  bottom  rail  than  three  inches,  and 
rthofe  ufed  with  pods  fhall  be  in  like  manner 
and  at  every  corner,  joint,  or  angle  of  any 
worm  fence  fuch  angle  fnall  be  iecured  by 
flakes  flrongly  planted  in  the  earth  and  fur- 
mounted  by  a  piece  of  timber  or  a  flrong  rail 
or  rider. 

II.  And  whenever  the  lands  or  grounds"  of  pirt;,^tf 
two  or  more  perfons  fhall  join  or  He  contiguous  fences. 
and  both  be  under  improvement  and -either  of 
the  parties  fhall  think  it  neceffary  to  run  a  par 
tition  wall  or  fence,  or  a  dike  and  ditch  between 

1 


(         60         ) 

proceedings  the  fame,  fuch  party  mall  caufe  ten  days  notice 
in  ronJfog  in  writing  of  fuch  intention  to  be  ferved  on  the 
partition      other  party  if  to  be  found  within  the  county 
fences,  &cj  v/here  the  grounds  lie,  or  to  the  legally  empow 
ered  attorney  or  agent  of  the  party  within  fuch 
county,    who   mall  thereupon  be  obliged  to 
make,  erect,or  put  up  at  the  fame  time  a  moiety 
of  the  whole  of  fuch  partition,  wall,  fence,  or 
dike  and  ditch,  and  each  party  while- either  may 
think  it  needful  to  continue  fuch  wall,  fence, 
or  dike  and  ditch,  mall  always  keep  his  proper 
half  part  thereof  in  good  and  fufScient  repair  at 
his,  her  or  their  own  cofl  and  charges. 

III.  And  if  the  party  fo  duly  ferved  with 
notice,  or  being  not  to  be  found  within  the 
county,  or  not  having  an  authorized  agent  or 
attorney  therein  fhall  refufe  or  neglect  to  make 
or  put  up  his,  her,  or  their  moiety  of  fuch  par 
tition  wall,  fence,  or  dike  aiAd  ditch  at  any  time 
after  the  other  party  fhall  have  completed  his 
own  moiety  thereof,  it  fhall  and  may  be  lawful 
for  the  party  lafl  mentioned  to  erect  or  make 
the  other  half  of  fuch  wall,  fence,  or  dike  and 
ditch,  and  demand   of  and  receive  from  the 
other  party  the  juft  value  and  cofl  of  fuch  other 
half  fo  lafl  erected  or  made. 

IV.  And  for  that  purpofe  two  or  three  law 
ful  men  mail  be  mutually  chofen  by  both  the 
parties,  and  the  perfons  fo  chofen  and  agreeing 
to  ferve,  mall  view  that  part  of  the  partition, 
wall,  fence,  or  dike  and  ditch  fo  lad  erected  or 
made,  and  determine  the  jufl  value  thereof  ac 
cording  to  their  befl  judgment,  certifying  the 
fame  as  foon  as  may  be  in  writing  under  their 
hands  or  the  hands  of  a  majority  of  them,  which 
writing  fhall  be  delivered  to  the  party  fo  erect 
ing  fuch  wall,  fence,   or  dike  and  ditch,   and 
entitle  him/her,  or  them  to  recover  of  the  other 


party  the  full  fum  of  fuch  valuation  by  action  of  proceeding* 
-debt  or  before  any  magiftrate  where  the  fame  ^^adon 
{hall  be  cognizable.     But  if  either  party  (hall  j£!S, 
refufe  or  neglect  to  choofe  two  or  three  men  fence»».  &c- 
for  the  purpofe  aforefaid,  then  fuch  men  may 
be  appointed  by  any  juftice  of  the  peace  re 
quired  thereto  by  either  of  the  parties  intereft- 
ed,  and  the  determination  of  a  majority  of  fuch 
men  (hall  be  binding,    and  the  juftices  of  the 
peace  are  hereby  feverally  authorized  and  re 
quired  upon  every  fuch  application  being  made 
to  them  refpectively  to   make  fuch  appoint 
ment. 

V.  Provided  always   that  nothing   herein 
contained  fliall  be  conftrued  to  compel  any  per- 
fon  or  perfons  who  may  be  affected  by  this  aft, 
to  erect  his,her,  or  their  part  of  any  partition, 
wall,  or   fence   of  any  other  materials   than 
wood,  and  in  fuch  manner  and  form  as  fuch 
perfbn  or  perfons  may  think  expedient,  nor 
ihall  any  party  interefted  in  a  partition  wall, 
fence,  or  dike  and  ditch  be  entitled  to  demand 
and  receive  of  the  other  party,  any  higher  or 
greater  coft  or  valuation  for  erecting,  making 
or  repairing  fuch  other  party's  moiety  cf  fuch 
enclofure  than  if  the  fame  had  been  made  of 
pofts  and  rails,  except  wnere  a  wall  or  dike 
and  ditch  did  previoufly  form  the  whole  of 
fuch  line  of  partition,  or  where  an  agreement 
is  made  between  the  parties  to  build  a  wall  or 
make  a  dike  and  ditch  ;  any  thing  in  this  act 
contained  to  the  contrary  in  any  wife  notwith- 
ftanding. 

VI.  And  provided  alfo.  That  notmng  nere- 
in    contained  {hall  be    deemed  or    taken    to 
prevent  any  perfon  or  party  from  placing  his, 
her,  or  their  line  of  enclofure  on  the  partition 
line  fide  within  his.  her,  or  their  own  ground, 
at  his,  her,  or  their  own  proper  expenfe,  to  be 


made  and  kept  in  repair,  in  which  cafe  fuch 
tr  K  h»d  pjriou  or  party  fhall  in  confcquence  be  exempt 
t*nWfeT*  from  dtfrayii  g  any  part  oif  the  cod  of  ere£t- 
A.C.  ing  or  iupporting  a  line  of  cnclofure  upon  the 

real  partition  line  lying  next  between  the  fame. 

VII.  Provldec19  That  where  the  owners 
or  occupiers  of  adjoining  ground  having  a  par 
tition  enc  lofure  thereon,  mall  ceafe  to  occupy 
his,  her,  or  their  lands  or  grounds,  either  by 
p  Jlure,  mowing,  or  tillage,  arul  chufe  to  leave 
it  open  and  common  to  cattle,  it  (hall  not  be 
lawful  for  him,  her,  or  them  to  remove  any 
part  of  i ho  faid  partition  enclofure,  be  the  fame 
made  of  \vhatfocver  materials  without  giving 
three  months  nptice  to  the  owner  or  occupier 
cf  the  adjoining  grounds  or  field,  that  he,  me, 
or  they  may  take  meafures  to  guard  againft 
inconveniences  arifing  from  the  removal  of 
fuc'i  part  of  the  partition  line  of  enclofure  ; 
and  in  confcquence  of  fuch  notice  all  farther 
charges  for  maintaining  or  repairing  the  fame 
partition  enclofure  mail  thenceforth  ceafe  as  to 
him,  her  or  them  giving  fuch  notice,  until  the 
land  fhall  again  be  taken  into  ufe  or  put  under 
culture. 

cattle  break  VW-  ^n^  *°e  It  further  enafled,  That  if  any 
ins  mto  :n  horfcs,  mares,  or  neat  cattle,  hogs,  fheep, 
l.ailDSj  or  goats,  or  any  one  of  them  fhall  break 
iiiro  any  ground  being  furrounded  with  a  law- 
iul  line  of  enclofure  as  aforefaid,  the  owner  or 
owners  of  every  iuch  animal  fo  trefpafling, 
fnall  be  liable  and  make  reparation  to  the  party 
injured,  for  the  true  value  of  the  damages,  he, 
/he,  or  they  may  have  fuflained  in  coniequence 
l  hereof. 

IX.  And  be  it  further  enabled.  That  the 
juflices  of  the  court  of  general  quarter  feflions 
ol  the  peace  in  each  and  every  county  and 


<8ffric~t>  (halt  at  their  refpechve  feffions,  once  in 
every  year>  appoint  three  difcreet  and  lawful 

•r  r  j  j      •  r  t(>  bs    aP- 

mfen  appi'aifers  or  damages  and  viewers  or  en-  ^0;nted  by 
£lo£ures  in-  and  for  every  townfhip  in  each  anu  —  :ourt  of 
every  Bounty,  whofe  duty  it  (hail  be  to  ferve 
as  appraifers  of  damages  and  viewers  of  enclo- 
fures-for  one  year,  commencing  from  the  time 
of  fuch  appointment. 

X.  And  every  perfon  fo  appointed  an  ap- 
praifer  of  damages  or  viewer  of  cnclofufes,  mail 
thereupon  rake  the  following  oath  (or  aiSrma- 
tion  if  he  be  confcientiouily  fcrupulous  of 
takirTg  an  oath)  to  be  adminiftered  in  open 
court  or  by  any  magilfrate  ading  in  the  com- 
rniffion  of  the  peace  (that  is  to  fay;  "  I,  A.  B.  totakeoatn, 
do  folemnly  fwear  that  I  will  to  the  beft  of  my 
abilities  fail hiully  and  impartially  execute  the 
office  of  an  appraifer  of  damages  and  viewer 
of  enclofures  for  the  time  arrigned  me  accord 
ing  to  the  laws  that  are  or  hereafter  may  be  in 
force  for  regulating  the  duties  of  appraifers  of 
damages  and  viewers  of  enclofures  within  this 
territory,  fo  help  me  God."  And  in  all  cafes 
where  any  perfon  {hall  declare  that  he  con- 
fcientioufly  fcruples  to  take  an  oath,  an  affirmar- 
tion  mall  in  like  manner  be  adminiftered -inftead 
of  the  foregoing  oath,  but  in  the  fame  words, 
except  where  the  word  "fwear"  occurs,  the 
words  fcC  fmcerely  and  truly  declare  and  affirm" 
(hall  be  ufed  inltead  thereof,  and  the  words 
"  I  will "  inftead  of  "  fo  help  me  God." 

XL    And  upon    complaint  being  made  by dutyof  ap< 
any  citizen  or  inhabitant  to  the  laid  appraifers  praifcrs. 
of  any  trefpafs  being  committed  by  all  or  any 
of  the   animals  herein  before   enumerated  in 
any  townfhip  for  which  they  may  be  appointed, 
the-faid  appraifers  fhall  forthwith- repair  .to  the 
place  where   iuch   trefpafs    fhall  be   commit- 


C     64     ) 

Duty  of  ap- ted  and  eftimate  the  true  damages  fuftained 
praifers  of  thereby,  the  faid  appraifers  at  the  fame  time 
mages,  ^ifcharging  the  duty  of  viewers  of  enclofures 
by  taking  notice  whether  that  part  of  the  en- 
clofure  around  fuch  field  or  ground,  and 
through,  under,  or  over  which  part  fuch  tref- 
pafling  animal  or  animals  did  break,  creep  or 
leap,  was  immediately  previous  to  the  commif- 
fion  of  the  trefpafs  good  and  fufficient  accord 
ing  to  the  intent  and  meaning  of  this  act.  And 
if  the  fame  fhall  appear  to  have  b'ccn  a  good 
lawful  and  fufficient  line  or  lines  of  enclofure, 
then  and  in  that  cafe  reafonable  damages  fhall 
be  allowed  to  the  party  complaining,  to  be  re 
covered  with  cofts  of  fuit  and  cofts  of  view  of 
the  perfon  or  perfons  owning  or  claiming  the 
animal  or  animals  committing  fuch  trefpafs. 

XII.  And  be  it  further  enafted,  That  on 
every  view  to  bs  made  in  purfuance  of  this 
aft,  the  appraifers  making  fuch  vhrrcror  any 
two  of  them  fhall  at  the  time  of  fuch  view  make 
out  and  fubfcribe  a  fair  and  impartial  eftimate 
or  valuation  founded  on  their  bed  knowledge 
and  judgment,  of  the  damages  fuftained,  toge 
ther  with  the  cofts  of  view,  and  deliver  the  fame 
in  writing  under  their  hands,  to  the  party  in 
jured,  which  ihall  be  good  and  fufficient  evi 
dence  in  any  court  of  law  or  before  any  ma- 
giftrate,  as  the  cafe  may  be,  for  the  recovery 
of  the  damages  and  cofts  of  view  together  with 
cofts  of  fuit. 

their  fcca  ^CIII.  And  it  fhall  and  may  be  lawful  for 
each  and  every  of  the  faid  appraifers  to  demand 
and  receive  of  the  party  complaining,  for  each 
and  every  view  they  fl*all  make  in  purfuance  of 
this  aft,  the  fum  of  thirty  three  cents,  and  alfo 
fix  cents  for  every  mile  beyond  one  they  fhall 
ride  or  walk  in  going  to  the  particular  place  of 
view. 


XIV.  Saving    always    neverthelefs  to    the  Rights    of 
French  inhabitants  of  Kafkafkias,  La  Prairie  du  £alka£ia8» 
Rocher,  St.  Philips,  Cahokia  and  Vincennes,  fe^ed!*" 
and  to  ail  perfons  claiming  under  them   their 
feveral  rights  and  cuftoms  refpefting  the  fenc 
ing  and  enclofmg  their  lands  in  common   as 

far  as  the  fame  are  referved  and  confirmed  by 
the  conflitution  of  this  territory  or  any  a£t  of 
the  United  States,  any  thing  in,  this  aft  to  the 
contrary  thereof  notwithftanding. 

XV.  Provided  always,  that  nothing  herein 
contained  fhall  be  deemed,  con/lrued  or  taken 
to  hinder  or  prevent  the  faid  French  inhabitants 
or  any  of  them,  or  any  perfon  claiming  or  hold 
ing  under  them  or  any  of  them,  to  enclofe  un 
der  a  diftindt  and  feparate  fence,  the  whole  or 
any  part  of  the  land  which  he^  me  QIC  they  may 
refpeftively  own,    poflefs  or  occupy,    though 
the  fame' be   part   of  thofe  lands  which  have 
ufually  been    included    under    one   common 
fence. 

XVI.  And  laftly,  Be  it  enafied,  That  where  proceeding, 
any  animal  mail  trefpafs  according  to  the  true  on  °°n  aP- 
conftrudion  of  this  aft,  and  no  owner  mail  £va™8ce  °f 
appear   within  the  fpace  of  twenty-four  hours  trefpaffing 
to  claim  the  fame,  fome  perfon  in  pofleffion  of  Cattleha0f^ 
the  land  or  ground  fo  trefpaflfed  upon,  mall  at 

the  end  of  that  time,  drive  or  caufe  to  be  driven 
every  fuch  trefpaffing  animal  to  the  clerk  of 
the  town/hip  wherein  the  trefpafs  was  commit 
ted,  and  the  faid  clerk  is  hereby  required  to 
advertize  the  lame  in  fome  public  place  within 
his  townfhip  for  three  fucceflive  days,  and  if 
at  the  expiration  thereof  no  owner  mall  appear 
as  aforefaid  and  difcharge  all  damages  and 
cofts,  the  faid  clerk  mall  proceed  to  fell  for 
ready  money  fuch  animal,  or  if  more  animals 
than  one,  fo  many  of  them  as  fhall  raife  a  fura 


fufficient  to  difcharge  the  adjudged  amount  of 
damages,  together  with  cofts  of  view  and  of 
fales,  or  as  far  as  the  fame  will  apply,  which 
damages  and  cofls  of  view  to  be  afcertained  as 
in  cafes  of  trefpafs  is  herein  before  directed. 

AR.  ST.  GLAIR. 

JOHN  CLEVES  SYMMES. 

O.  TURNER. 


CHAPTER     XXIII. 

An  ACT  to  alter  and  amend  the  MiU*ii  Laws,  Paffed  at 
Cincinnati,  in  t)ie  county  of  Hamilton,  ih'  fecond  day  ofjfu- 
(y,  in  tk*  y»<ir  of  our  Lura  one  t  ho  u find  /even  hundrfd  and 
ninety  out^by  hs  ExtclLmcy  Arthur  it.  Clair,  Efquirc, 
-Centra!  in  th-'fcrwe  of  the  United  Stales,  and  Go- 


vcrrour  anJL  Co»imast?i**»  Chi  f  of  their  Territory  north* 
zocjt  of  the  Rir  -r  Un^ta.id  the  H mou^able  John  Cleves 
Symmes  and  George  Turner,  I/quires,  Judges  inand 
over  I  he  fame. 

7  HERKAS  the    militia  laws  of  this  ter 
ritory  are  found  to  need  fome  amend- 
ttiiida,"**^. ment  as  we^  with   regard  to  the  days  of  rauf- 
tering  as  with  rcfpect  to  the  levying  of  fines 
for  repeated  acts  of  difobedience  : 

Sec.  i.  Be  it  therefore  enafted^  That  the  cap 
tain  of  each  company  of  militia  in  this  territo 
ry,  or  in  his  abicnce  the  next  fenior  fubaltern 
officer  prcfent,  mail  order  the  commiflioned 
officers,  non-commiiTioned  officers  and  privates 
under  his  command  to  aiTemble  at  fome  conve 
nient  place  of  parade  within  the  townfhip  or 
village  in  or  near  which  fuch  company  may  re- 
lide,  on  the  laft  day  of  every  week  in  the  yea% 
and  the^e  diligently  exercife  the  company  for 
the  fpace  of  two  hours,  examining  their  arms, 
ammunition  and  accoutrements  as  by  law  di 
rected,  and  on  any  and  every  deficiency  by  him 
found  he  mall  inflict  the  fine  or  fines  appoint 
ed  by  law  to  be  infli&ed  for  fuch  default. 


Sec.  2.  And  be  it  enabled ^  That  whenever  per-  on 
Ions  enrolled  in  the  militia  of  this  territory  blin?  for 
fhall  affemble  at  any  place  for  public  worfhip,  jhSp^lTbe 
every  fuch  perfon  fhall  arm  and  equip  himfelf  equipped, 
according  to  law  in  the  fame  manner  as  if  he  pr0ceeding» 
were  marching  to  engage  the  enemy  ,and  on  de-  to  be  had 
fault  he  fhall  be  fined  as  the  law  directs  in  cafes  £crcn0eff  * 
of  default  when  ordered  for  guard  or  other  or 
dinary  military  duty,  one  half  of  which  fine 
fhall  be  for  the  benefit  and  ufe  of  the  informant, 
and  the  other  half  for  the  ufe  of  the  county  ; 
and  the  juflices  of  the  peace  in  each  and  every 
of  the  counties  fhall  have  jurisdiction  herein. 
And  on  complaint  being  made  on  oath  to  any 
one  of  the  aforefaid  juftices  of  the  peace,  of  any 
perfon  belonging  to  the  militia  appearing  at 
fuch  place  of  worfhip  without  his  arms,  am 
munition  and  accoutrements  or  any  article  of 
them  directed  by  law,  fuch  juflice  of  the  peace 
fhall  iffue  his  warrant  directed  to  one  of  the 
conflables  of  the  county,  commanding  him  to 
levy  fuch  fine  upon  the  goods  and  chattels  of 
fuch  defaulter,  and  the  fame  goods  and  chattels 
theconflable  fhall  advertize  in  fome  public  place 
of  the  townfhip  or  village  for  the  fpace  of  five 
days,  and  if  fuch  fine  be  not  paid  within  the 
five  days,  fuch  conftable  fhall  proceed  to  fell  fo 
much  of  the  fame  effects  at  public  vendue,  for 
ready  money,  as  will  anfwer  and  pay  the  fine, 
and  alfo  fifty  cents  cofts,  which  cofls  fhall  be 
one  third  to  the  ufe  of  the  juflice  of  the  peace, 
and  two  thirds  thereof  to  the  ufe  of  the  confla- 
ble,  and  the  conftable  fhali  return  the  overplus 
(if  any)  to  the  defaulter. 

Sec.  3.  And  be  it  alfo  enaft'&d)  That  whenever  a  company* 
a  company  of  militia  fhall  be  afTembled,  ac-  affemWiug 
cording  to  this  act,  on  the  lafl  day  of  the  week  ""^pY  7 
for  exercife  as  aforefaid,  fuch  duty  being  dif-  therefrom 
charged  on  that  day,  fhall  fuperfede  the  neceffi- 
ty  of  the  fame  company's  meeting  on  the  firft 

K. 


(       68       ) 

day  of  the  week,  unlefs  they  do  it  voluntarily 
for  worfhip,  and  they  fhall  arm  and  equip  them- 
felves  as  aforefaid.  So  alfo  whenever  a  com 
pany  of  militia  fhall  be  affembled  on  the  firfl 
day  of  the  week  for  exercife  as  aforefaid,  fuch 
duty  being  difcharged  on  that  day,  fhall  fu- 
perfede  the  neceffity  of  the  fame  company's 
meeting  on  the  lafl  day  of  the  week. 

Sec.  4.  Be  it  further  ena£led.  That  the  cap- 
Power    of     .       r  ^   .         f  r      ...  .      r 
militia  cap.  tain  of  each  and  every  company  or  militia,  or 

tains  or  fu  in  his  abfence  the  oldeft  fubaltern  officer  of  the 
hereto.*  company  prefent  fhall  in  cafe  of  any  act  of 
difobedience  or  neglect  in  any  non  commiflion- 
ed  officer  or  private,  and  as  often  as  fuch  act 
of  difobedience  or  neglect  fhall  occur  or  be  re 
peated,  i/fue  his  warrant  of  diftrefs  for  the  fine 
afcerlained  by  law,  to  one  of  the  fergeants  of 
the  company,  commanding  him  to  levy  on  the 
goods  and  chattels  of  fuch  defaulter,  and  the 
lame  goods  and  chattels  advertize  in  fome  pub 
lic  place  of  the  townfhip  or  village  for  the  fpace 
of  five  days,  and  if  fuch  fine  be  not  paid  within 
the  five  days,  fuch  fergeant  fhall  proceed  to  fell 
ib  much  of  the  fame  effects  at  public  vendue  to 
the  higefl  bidder  for  ready  money  as  will  an- 
fwer  and  pay  the  fine,  and  thirty  three  cents 
cofts  for  the  ufe  of  the  fergeant,  returning  the 
overplus  if  any  to  the  party  who  owned  the 
property  fo  diflrained,  gnd  the  fergeant  fhall 
pay  the  fine  fo  levied  as  foon  as  may  be  into 
the  hands  of  the  captain  or  fenior  fubaltern  of 
ficer  prefent,  as  the  cafe  may  be?  who  fhall  ap 
ply  the  fame  as  by  law  is  or  fhall  be  directed  ; 
any  thing  in  this  or  any  other  act  or  law  con 
tained  to  ths  contrary  notwithftanding. 

AR.  ST.  CLAIBL. 

JOHN  CLEVES  SYMMES*. 

G.  TURNER. 

SAROENT,  Secretary* 


CONTENTS. 


Page. 

A  LAW  for  regulating  aiid  eftablifhing  the 
militia  in  the  territory  of  the  United  States 
north-weft  of  the  river  Ohio  J 

A   Law  for  eftablifhing  general  courts  of  quarter 
feffions  of  the  peace  (and  therein  of  the  powers 
of  fmgle  juftices),  and  for  eftablifhing  county 
courts  of  common  pleas,  (and  therein   of  the 
power  of  fmgle  judges  to  hear  and  determine  up 
on  fmall  debts  and  contracts),  and  alfo  a  law  for 
eftablifhing  the  office  of  fheriff,  and  for  the  ap 
pointment  of  fheriffs  7 
A  Law  eftablifhing  a  court  of  probate              -            13 
A  Law  fixing  the  terms  of  the  general  court         -     15 
A  Law  refpecting  oaths  of  office              -                     16" 
A  Law  refpecting  crimes  and  puni foments         -       17 
A  Law  regulating  marriages              -             -            38 
A  Law  in  addition  to  a  law,  entitled,  a  law  for  re 
gulating  and  eftablifhing  the  militia,  &c.          -       30 
A  Law  appointing  coVoners              •              -              32 
A  Law  limiting  the  times  of  commencing    civil 

adions  and  infb'turing  criminal  profecutions  33 

An  Act  to  prohibit  the  giving  or  felling  intoxicat 
ing  liquors  to  Indians,  and  for  preventing  fo 
reigners  from  trading  with  them  -  34 
An  Act  prohibiting  the  fale  of  Ipiritous  and  other 
intoxicating  liquors  to  foldiers,  and  to  prevent 
the  felling  or  pawning  of  arms,  &c.         -  3^ 
An  Act  for  fupprefling  and  prohibiting  every  fpe*- 
cies  of  gaming  for  money,  &c.  and  for  making 
void  all  contract*  and  payments  in  confequence 
thereof,  and  alfo  for  reft  raining  the  diforderly 
practice  of  difcharging  fire-arms  at  certain  hours 
and  places              -             ...  38 
An  Act  to  alter  the  terms  of  the  general  court     -      44 


CONTENTS. 

Page. 

An  Aft  to  augment  the  terms  of  the  county  courts 
of  common  pleas  from  two  to  four  terms  in  the 
year,  and  to  increafe  the  number  of  judges  of 
the  faid  court,  and  alfo  of  the  juftices  of  the 
quorum  in  the  feveral  counties  45 

An  Aft  to  authorize  and  require  the  courts  of  ge 
neral  felfions  of  the  peace,  to  divide  the  counties 
into  townfhips,  and  to  alter  the  boundaries  of 
the  fame  when  neceffary  ;  and  alfo  to  appoint 
conftables,  overfeers  of  the  poor,  and  clerks  of 
the  townfhips,  &c.  47 

An  Aft  fnpplementary  to  a  law,  entitled,  "  A 
law  refpefting  crimes  and  punifhments"  -  52 

An  Aft  for  the  pnnifliment  of  perfons  tearing  or 
defacing  publications  fet  up  by  authority  -  53 

An  Aft  creating  the  office  of  clerk  of  the  legifla- 
ture  55 

An  Aft  for  rendering  authentic  as  evidence  in  the 
courts  of  thrs  territory,  the  public  afts, records, 
and  judicial  proceedings  in  the* courts  of  the 
United  States  -  -  "         "      57 

An  Aft  abolifhing  the  diftinftion  between  the 
crimes  of  murder  and  petit  treafon  -  -  58 

An  Aft  regulating  the  enclofures  of  grounds  59 

An  Aft  to  alter  and  amend  the  militia  laws  66 


HOOTOAf  AWW 
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